Legal Question in Wills and Trusts in Virginia
Simultaneous Deaths
My husband and I are in the process of preparing our wills. When one dies, the other inherits the estate. However, if both of us were to pass simultaneously what would happen? Is it necessary to include this provision in our wills?
Asked on 1/20/07, 5:35 pm
1 Answer from Attorneys
Michael Hendrickson
Law Office Michael E. Hendrickson
Re: Simultaneous Deaths
Yes, it is. Why, because events on planet Earth, including the deaths of spouses, do occur, quite incredibly, simultaneously, or near enough in atomic clock measurement terms to be adjudged so for legal purposes, and therefore, adequate provison for such an event must be provided for in any will involving spouses---for the purpose of determining who, exactly, will inherit what if such a tragic event should occur.
Answered on 1/20/07, 11:54 pm