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Kaufman & Canoles, PC - Attorneys
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In addition to the family allowance, the surviving spouse of a decedent domiciled in Virginia is entitled to receive from the estate up to $15,000 of the value in excess of any security interests (liens for loans, etc.) in household furniture, automobiles, furnishings, appliances and personal effects.
If the property selected as exempt property does not have a value of $15,000 in excess of security interests, when added to other exempt property claimed, then the spouse may select others assets (not limited to the types of assets described above) of the estate to the extent necessary to make up the difference.
If the decedent is not survived by a spouse, but has surviving minor children, the decedent's minor children are entitled to equal shares of the same value.
The right to exempt property, including other assets to make up a deficiency of exempt property, has priority over all claims against the estate, but not over the family allowance.
Like the family allowance, the right to exempt property is in addition to any benefit or share passing to the surviving spouse or minor children by the will of the decedent, by intestate succession, or by way of elective share.
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