Legal Question in Wills and Trusts in Virginia
Estate left to Me
Several years ago my ex- husband died in Virginia. In his will or estate, he divided all of his assets up between myself and our two sons. Both of our sons have recieved their portion of what was left for them. When my ex husband died 11 years ago I was unaware that he had left a part of his estate to me. As I live out of state, I was not able to be present nor have I been able to return to the state of Virginia to get a hold of or access the estate or money that was left to me in his will. I would like to know how I may go about getting a hold of that which was left to me as soon as possible.
1 Answer from Attorneys
Re: Estate left to Me
Need more facts. If the will was drawn up and signed before the divorce, Virginia law treats bequests to former spouses as if the former spouse had died on the day of the divorce decree. Thus, your right to be a beneficiary under his will was cut off.
But, if he signed the will after the divorce, and named you by name, you may have standing to receive the bequest.
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