Legal Question in Wills and Trusts in Virginia

Entitlement to an inherited trust.

Is a wife entitled to any part of her husband�s inherited trust (cash, stocks and specifically the real estate) if they:

1) Divorce

2) He is killed in duty

Especially if he has not reached the age his trust is released to him?


Asked on 3/14/08, 3:35 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Entitlement to an inherited trust.

Not too likely with respect to 1) and in regard to 2), no, the surviving spouse would have no claim to any part of a trust whose assets had yet to be conveyed to the deceased one unless there was a provision in the trust instrument itself to pass to the wife what would've gone to the deceased husband had he lived.

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Answered on 3/15/08, 12:26 pm


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