Who is considered a “legal heir” for the purpose of filing a wrongful death suit?

In Virginia, a “legal heir” for the purpose of filing a wrongful death suit is defined as someone who is entitled to receive a deceased person’s estate upon their death according to Virginia’s intestacy laws. This is regardless of whether there was a will. Intestate laws are state laws that determine who receives a deceased person’s property when the deceased did not leave behind a valid will. Generally in Virginia, a legal heir includes a spouse, children, grandchildren, parents, siblings, and grandparents. If any of these individuals has already passed away, their own legal heirs can take their place. In addition to these, if the deceased did have a valid will, those named as heirs in the will can also be considered legal heirs. This includes anyone the deceased may have given specific bequests to, such as a friend, charity, or another organization. In short, any individual or entity that has a legal right to inherit from the deceased can be considered a legal heir in the context of a wrongful death suit. It is important to keep in mind that the specific laws of the state of Virginia will ultimately determine who is determined to be a legal heir.

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Who is considered a “legal heir” for the purpose of filing a wrongful death suit?

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