Legal Question in Wills and Trusts in Virginia

Estate Laws In Virginia

I worked with my senior parents to each get a will, they did. My parents are married, my dad (77)lives in Virginia, my mother (84) in Florida, they had wills created/notorized in the states they live in.

In their wills they have left everything to the surviving spouse and my brother and I are next in line.

It turns out my dad has had a long time girlfriend that my mother knows nothing about. I want to make sure my mother's interests are protected.

Re Va. law is my mother protected so that if my dad passes first, she will get the entire estate? They have a beach house in Va. Do I need to make sure her name is on the deed to protect her?

I am just concerned that my dad has other interests now...

Thanks you very much! Amber


Asked on 10/01/08, 4:33 pm

1 Answer from Attorneys
Susan Allen The Law Office of Susan E. Allen, PLLC

Re: Estate Laws In Virginia

As far as the wills are concerned, your father may attempt to distribute his belongings to his girlfriend, children or wife, in whatever way he desires. A spouse, however, may enforce what is known as the elective share. Essentially, a spouse cannot be "written out" of a will.

Depending on how your parents own the real property, one owner of an interest in real estate may convey his interest as he sees fit. If this is tenants by the entirety, he cannot convey the property on his own and must have wife join in the conveyance.

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Answered on 10/02/08, 2:16 pm


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