Legal Question in Wills and Trusts in Virginia
Is only a spouse the beneficiary of her husband's property and accounts after his death, or are his adult children entitled to a share? The will does not specify bequests to children by name or how much, there were just "verbal promises" prior to his death. This is leading to arguments. My understanding is that only a spouse is the beneficiary unless specific directions are given in writing and notarized.
1 Answer from Attorneys
When you say "the will does not specify . . . " it suggests there is a valid written will, and it will control. If he left everything to his wife, that's the way it is to be, regardless of his verbal promises to leave something to the children.
If he did not leave a will, or if the will is invalid, the children would have an interest in his estate only if his wife is not their mother.
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