Legal Question in Wills and Trusts in Virginia
probate
as an ex spouse of a deceased, with only a hand written unnotarized will , naming me as exexcutor,am i entitled to claim a pension fund with no benificiary named
2 Answers from Attorneys
Re: probate
Maybe, but it's not even clear from your question that there's a valid will. You should arrange for a consultation with an attorney who is knowledgeable regarding Virginia probate laws and who could also review the provisions and terms regarding the distribution of the pension fund of your now deceased former spouse.
Re: probate
A handwritten, unnotarized will is valid if it is entirely in the testator's handwriting.
However, any provisions made in a will for a spouse are automatically terminated upon a divorce from that spouse.
Pension fund beneficiary law is often dependent on the pension fund itself; that is, what law applies -- federal or state. In either case, in most funds the applicable law will have the pension funds go to heirs, and as an ex wife, you are no longer an heir.
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