Legal Question in Wills and Trusts in Virginia
Having a will verses not having a will
I am engaged to this man in Virginia and he does not have a will. He is 46 years old. He has an ex-wife and a minor child with his ex. If something were to happen to him what would happen to his assets. We have been living together for a year and plan to get married soon. Right now he has everything in his minor childs name. But he keeps telling me if something were to happen to him that I would be able to live in the house for as long as I wanted to. I told him without a will and us not being married that his ex-wife would get everything because she has the minor child. Can you help with this disagreement of having a will and not having a will? Thank you
1 Answer from Attorneys
Re: Having a will verses not having a will
Your current cohabitant is wrong and you are absolutely correct. Merely promising or wishing will not satisfy the requirements of the law in regard to inheritance. The promises or wishes must be properly memorialized on paper (in a written will, specifically, in your situation)to have legal effect since the law of intestate (without a will) inheritance does not allow mere cohabitants to inherit even an iota of one another's property under the laws of intestate succession. (See Va. Code Sec. 64.1-1---Course of descents, generally.)
There's an old saying from England that comes to mind with this situation:
It goes like this: "If wishes were horses, then beggars would ride". Hopefully, you will not end in the latter category for lack of a proper will.
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