Legal Question in Wills and Trusts in Virginia
I asked my mother to indicate in her will that if I was to die befoore she did, she was to put in her will that my inheretance would go to my 4 brothers instead of my husband and my child on disability. Things have changed with my child, and now he would be able to inherit something without penalty to his benefits and insurance. My mother died in Feb.21,2011 and my brother tells me it could take 1-3 years to settle her will. If I was to die before the will is settled, would my son and husband still be left out of an inheritance?
1 Answer from Attorneys
Yes, your deceased mother's will became effective on the day of her
death and cannot now be changed after that unalterable fact under the circumstances described to accommodate your change in personal circumstances (in my opinion).