Legal Question in Wills and Trusts in Virginia
wills and minor children
I live in Virginia. My husband and I do not have a will naming a guardian for our minor children. If we die simutaneously without having done that, I want to know what would happen. I would like a copy of the law, regulation... stating what would happen.
1 Answer from Attorneys
Re: wills and minor children
If you and your husband die without a will containing a guardianship provision, VA Code sections 34-4 and 34-5 apply. The circuit court or the circuit court clerk where the minor resides or in which he has any estate (if he is an out-of-state resident) may appoint a guardian for the estate of a minor, and may appoint a guardian for the person of a minor, if the minor did not have one appointed for him via his parents' will. VA Code section 34-5 goes into more detail how this is done.
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