Sheppard v. Junes

John Warren Shepperd, who never married and had no children, died without having executed a will. Fourteen second cousins from John’s maternal side and Jason Shepperd, John’s half-uncle from John’s paternal side, survived John’s death. The administrator of John’s estate sought judicial assistance to determine the proper distribution proportions of John’s estate where all the heirs were collaterals and the estate must be separated into paternal and maternal parts. The circuit court held that, because of Jason’s half-blood status, Jason could only take a one-half share of John’s estate that was to pass to John’s paternal side, and the remainder of John’s estate was to go to the fourteen maternal second cousins. The Supreme Court reversed, holding (1) Va. Code Ann. 64.2-200(A)(5) requires John’s estate to be separated into two moieties, each valued at one-half of John’s estate, with one moiety half passing to John’s maternal kindred and the other moiety passing to John’s paternal kindred; (2) the maternal side moiety passes to John’s fourteen second cousins, and the other moiety passes to John’s paternal kindred; and (3) Va. Code Ann. 64.2-202(A) requires John’s paternal side moiety to be distributed entirely to Jason. View "Sheppard v. Junes" on Justia Law