Legal Question in Wills and Trusts in Virginia
I've been taking care of my neighbors, an elderly couple since 2007. They have no children and the family they have takes no real interest in doing anything for them. I do everything for them from taking them to the doctor, setting up appoinments, grocery shopping, prescriptions, taking care of the house, lawn care, maintaince, I mean everything. They have no living siblings but do have nieces and nephews and cousins.
After the Derecho hit in June, my elder gentleman neighbor decided he wanted to change his will leaving me his heir if his wife dies before him. He said he thought about it alot and that this is what he wanted to do but he knows it's gonna make some of the family mad but he doesn't really care. He wants to leave what he has to someone who cares for him and the family he has isn't it.
What are my options here? Will the nieces and nephews have a claim on his estate? He's of sound mind and body, gets around ok. He has some cousins that want his property and are trying to get it from him but we've managed to keep it out of their hands so far.
Thank you.
1 Answer from Attorneys
Stated simply, he can leave his property to anyone he wishes, subject ONLY to his wife's right to elect against the will (which is not an issue in his case.) His heirs at law, the neices and nephews and cousins, have no claim on his estate unless he dies without a will and after his wife has died.
He needs to get his will prepared by an attorney in accordance to his wishes, and executed before two witnesses, which could be you and another person; you really can't do anything else other than help him make arrangements to get that done.
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