Legal Question in Wills and Trusts in Virginia
My mother stated in her will that her new husband "shall live in my house as long as he is able or until his death." Does this equate to life time rights under Virginia law? I am of the opinion that it does not since the will did not list this term. My sister, the executor, believes that he is entitled to life time rights (by virtue of the terminology in the will. Doesn't the term lifetime rights have to be spelled out?
Asked on 9/24/14, 10:16 am
1 Answer from Attorneys
Michael Hendrickson
Law Office Michael E. Hendrickson
No, not as long as there is specific language in the will which clearly
conveys the intent of the testator (your mother) as to this particular
issue (my opinion).
Answered on 10/08/14, 1:32 pm