Legal Question in Wills and Trusts in Virginia
My husband is a good deal older than me and he is a beneficiary of a pending wrongful death suit that is expected to be tied up in litigation for at least another year or more. In the meantime we are in the process of having separate wills written which leaves each other as the sole beneficiary of the others estate. My question is since he has children outside of the marriage and this lawsuit is expected to be tied up in court for what may be years can he Will his share of the lawsuit to me if the case is won and will the courts honor this if he states this in the Will or will the other children get the money anyway? I know that Wills can be contested but how would a court typically rule on this if the children were to contest the Will and what could we do to make sure that I his wife receive all monies won from this case if he passed before and if the case was won?
1 Answer from Attorneys
As long as this will appears properly prepared and without having subjected the testator(your husband)to any apparent coercion, duress, or undue inflience, it should be able to survive any challenges such as you've described, and whatever is devised or bequeathed to you in this will, you should be entitled to receive as your husband's surviving spouse.
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