Legal Question in Wills and Trusts in Virginia

I went onto Suse Ormans website and selected making a will. I live In VA. I wish to leave evrything of mine, to my 21 yr old son. I am married, and do NOT wish to leave ANYTHING to my husband. Someone told me that even if I have a will, that my husband will receive at least 25% of my assets/estate. Is this true? Then there is no need to write a will in the state of VA? thank you!


Asked on 10/04/09, 3:50 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Yes, the surviving spouse may claim what's called an electve share(of the decedent's estate assets). See Va. Code Sec. 64.1-13.

However, that in no way means that there is no good reason for one to prepare a will in the Commonwealth.

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Answered on 10/09/09, 11:33 pm


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