Legal Question in Wills and Trusts in Virginia
regarding will in virginia
My brother lives in Va., I in Md. We are both in our 50s. I am concerned he has not updated his will, instructions, power of attorney, health directive, etc. (And I do not mind if he names someone else to manage these things, am just concerned he has not done any of this).
His current will was done approx 30 yrs ago while in the AF; I have no more information than that.
What are ramifications if something would happen, i.e., if he were unable to work and/or worse? ALSO if he were ill without power of attorney, what would happen re his mortgage? (Would he lose his house if I wasn't able to pay it for him)?
Thx for any help--I am hoping that armed with information I may be able to convince him to do something, he just thinks it will all take care of itself (or that the AF will do something, I guess). Many thanks, this has really been concerning me as we get older.
1 Answer from Attorneys
Re: regarding will in virginia
If your brother, God forbid, became suddenly catatonic without the ability to speak or move and he persisted in this esstentially vegetative state, an if there were no properly executed advance medical directives or even a POA to deal with this situation, then you would likely need to petition the
court to be appointed a conservator of your brother's affairs which would give you the power to administer all of his financial matters, including, of course, paying his mortgage.
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