Midlothian, VA asked in Estate Planning for Virginia

Q: I would like to get a Will but not include my husband. I live in Virginia. Thanks

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1 Lawyer Answer
James H. Wilson Jr.
James H. Wilson Jr.
  • Estate Planning Lawyer
  • Glen Allen, VA
  • Licensed in Virginia

A: A spouse is not required to make his or her spouse a beneficiary of a last will and testament; however, there are statutory rights for surviving spouses that limit the ability to completely disinherit a spouse in Virginia. A surviving spouse can effectively renounce a will and claim an elective share of the "augmented estate" in Virginia, which is a percentage based on the number of years of marriage, and has the right to claim statutory allowances and exemptions which have priority over most claims.

Any Virginia resident contemplating a will should consult with an experienced Virginia estate planning lawyer.

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