Legal Question in Wills and Trusts in Virginia

Entitlements of spouse after death

My step mom (married 26 years)had a will which allowed my father to remain in her (her name was on the title not his)house until his death and then her kids would get the house. She specified this in her will but did not include her savings accounts and such going to anyone. Does my father get everything that was not spelled out in the will.


Asked on 10/11/05, 12:37 pm

2 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Entitlements of spouse after death

If the savings accounts were jointly held by the deceased and her husband, the husband would be entitled to whatever was in the accounts. If they

were in her name only and not referenced in the will, then the entitled beneficiary may not be so

clear.

A lawyer may need to review the will itself in order to make this determination.

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Answered on 10/13/05, 11:38 am
Jonathon Moseley Jonathon A. Moseley

Re: Entitlements of spouse after death

If the father is the first husband, he would

take everything if there is no will (or there

is nothing said about it in the will). If there

are children from a different marriage, they

would probably share in the inheritance. However, find it highly improbable that the

will talks only about the house and does not

cover the rest of the father's property. You

should have a lawyer look at it to see if there

are some provisions that have the effect of

controlling everything, that are maybe not

obvious to you.

If you fax it to me, I can tell you about this.

I charge $120 per hour and it won't take me long

to review it. In my experience 90% of the time

is spent explaining a document, not reviewing it.

But it could not take more than an hour.

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Answered on 10/15/05, 9:49 am


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