Rights Forfeited by Spouses and Parents

A spouse who has willfully deserted or abandoned his/her spouse shall be barred from collecting any interest of the intestate spouse’s estate if such desertion or abandonment continued until the death of the intestate. 

Such interests include those derived through intestate succession, elective share, exempt property, family allowance, and homestead allowance.

The same disqualification exists for parents who willfully desert or abandoned their minor or incapacitated child.   

§64.1-16.3 of the Code of Virginia