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.
2 Answers from Attorneys
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.
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.