Questions About Wills in Virginia
At Thomas L. Hunter, P.C., our attorneys look forward to helping you set up your will. Following are some frequently asked questions and answers about wills in Virginia —
- If I pass away without a will, what happens?
- Do I need a lawyer to create a will?
- Can someone challenge my will after I die?
- Do I have to leave property or assessments to my spouse?
- Can a will be changed?
- What is an executor?
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If you die and do not have a will, the state determines what happens to your property and assets. If you have a spouse and/or children, the state passes your property and assets on to them.
It is always best to work with a wills attorney to make your wishes known in a will. Generic forms do not address your specific issues.
Challenging a will is very difficult. In order for someone to have your will changed, they must prove to a court of law that your signature was forged, or that you were not of sound mind when you wrote the will.
Disinheriting your spouse in the State of Virginia can be difficult. If you choose to leave your spouse out of your will, he or she may claim an elective share in your augmented estate within six months of the probate of the will.
You can revoke or change a will at any time before death by drafting a new will that states all prior wills are invalid. In addition, you must intentionally destroy the old will.
An executor is the person who will carry out the instructions on your last will and testament.