Monthly Archives: November 2016

A Post-Mortem, Spousal Surprise: Can My Husband Write Me Out of His Will?

Imagine this potentially devastating situation.  Your spouse unexpectedly dies.  You find his will and discover, shockingly, that he left everything to his adult son (or his mistress)!  Is there anything you can do? This situation commonly arises when a husband and wife are separated but not yet divorced. Under Virginia law, a spouse possesses certain rights to what is known as the elective share.  Think of the elective share as a floor for a spouse’s inheritance.  It can be invoked even if the deceased spouse writes the surviving spouse out of his or her will. Under current law, a surviving …

[ CONTINUE READING ]

Posted in Disinheriting Family Members, Will Disputes \ Comments Off on A Post-Mortem, Spousal Surprise: Can My Husband Write Me Out of His Will?

Do It Yourself Wills: Will They Lead to More Litigation?

Here’s my prediction: do it yourself wills, also referred to as “homemade wills” or “online wills” or “internet wills” (I’ll refer to them in this blog post as “DIY Wills”) will result in a significant (though not massive) increase in estate litigation, but society won’t see that spike for another decade or two. What are DIY Wills? The term encompasses wills that can be created by filling in blanks on a preexisting template, usually found online. A variety of companies offer such a service for a price that is somewhat significantly reduced compared to what an estate planning attorney would …

[ CONTINUE READING ]

Posted in Preventing Disputes, Will Disputes \ Comments Off on Do It Yourself Wills: Will They Lead to More Litigation?