Legal Question in Wills and Trusts in Virginia

Re: Subject: Gravestone

No, but I think you may need to step back and start over on some of these ideas. First, no one has an estate while they are still alive. A living person has no heirs and no estate. So a living person has no estate. On the other hand, I'm not sure why you are asking. Perhaps did you hear about a TRUST that the husband has? That might be a different question.

Of course the wife's estate can be sued for the cost of the gravestone, and this should be done promptly. Although she might not have had much, she probably had enough to pay for the gravestone.

One problem is who is her executor? Many people fail to properly probate the will, file inventories, etc. So it could be difficult if her estate was not properly handled. It may be that her husband was the executor. If he is not competent to serve, the court would have to appoitn someone else to serve as executor.

Now you mention a P.A., which I assume is a Power of Attorney. A Power of Attorney is not valid when the person who created it (the principal) is incompetent. The only exception is a Durable Power of Attorney which is designed for health care decisions. So I believe that a Power of Attorney would have no relevance in this situation.

Finally, if the husband is the one who contracted for the gravestone, then he can be sued. However because he is incompetent, the court would have to appoint a representative or committee for his benefit. You would file a normal lawsuit, but then inform the court that a representative has to be appointed on his behalf. Do not ask for judgment without telling the court this. Again, that assumes that the husband was the one who ASKED for -- contracted for -- the gravestone. In that case, he entered into a contract for the gravestone, and is legally liable to pay for it.