Legal Question in Wills and Trusts in Virginia

Re: Last Will & Testament

To answer your first question, there is no legal requirement to use any certain pen color. Some people like to use a blue pen because then the original will (or any other legal document) shows up better. In other words, it's clearer as to which document is the original document versus a photocopy. But, legally, you may use either blue or black ink (and probably purple, for that matter) to sign a Last Will and Testament.

Regarding your second question, people normally draft their Last Will and Testament in the state where they reside. However, a Will that is validly drafted and executed in another state is honored by every other state in the union.

But there is another issue that you may not know about. A person who had real property in more than one state needs to have his or her estate probated in every state where real property is located. So if your partner has real property in Virginia and Pennsylvania, it will require two separate probates. To get around this, he can have a revocable living trust drafted. With a Living Trust, no property goes through probate at all, and the deceased's heirs will save themselves the long delay, costs, and lack of privacy that is associated with probate. For more information about revocable living trusts, contact an estate planning attorney in your area.