Legal Question in Wills and Trusts in Virginia

Re: Legal rights

This would depend entirely on the will of the

deceased sibling. Spouses can sometimes "elect

against the will" and obtain an elective share

of the estate even if their spouse willed the

estate to someone else. Siblings do not have

this right. The only way to challenge the will

is on a technicality such as the will was not

executed with the requisite formalities. Another

challenge would be that the will was procured

by fraud or undue influence or if the person

signing the will was incompetent at the time

the will was signed. These facts can be difficult

and expensive to prove, so I would recommend

going forward only if there is a good deal of

money involved.