Reason For Exclusion in Will (State Of Va.)

[tbeigle123]

If someone finds themselves excluded from their mother's will...
in the State of Va., is it necessary to state a reason, or can a
person be excluded for absolutely no reason? Thanks.

 

[LdiJ]

If someone finds themselves excluded from their mother's will...
in the State of Va., is it necessary to state a reason, or can a
person be excluded for absolutely no reason? Thanks.

Of course they can. A person is entitled to leave their money and/or assets to whomever they please.

 

[NIV]

If someone finds themselves excluded from their mother's will...
in the State of Va., is it necessary to state a reason, or can a
person be excluded for absolutely no reason? Thanks.

The reason many "state a reason" when they disinherit an heir is to prevent the argument they forgot the person in making up the will. I don't know of any states that require a listing of those disinherited.

 

[tbeigle123]

Reason For Exclusion (part 2)

Thank you for your reply. The other end of my question is.....

My father died BEFORE my mother (in 2007). Now according

to law:

1) Does all property automatically BECOME property of the

surviving spouse?

2) Or does the deceased spouse have a right to

express wishes to the surviving spouse regarding THEIR

intentions...(and if that's true)......

3) Can the surviving spouse over-ride the wishes of

the deceased spouse?


Thanks, Carl

 

[I'mTheFather]

Thank you for your reply. The other end of my question is.....

My father died BEFORE my mother (in 2007). Now according

to law:

1) Does all property automatically BECOME property of the

surviving spouse?

2) Or does the deceased spouse have a right to

express wishes to the surviving spouse regarding THEIR

intentions...(and if that's true)......

3) Can the surviving spouse over-ride the wishes of

the deceased spouse?


Thanks, Carl

Did your father leave a will? If not, his wife inherits all unless he had children with another woman. Once your mother inherited, it was hers to do with as she saw fit, assuming you're not a minor.

 

[NIV]

Thank you for your reply. The other end of my question is.....

My father died BEFORE my mother (in 2007). Now according

to law:

1) Does all property automatically BECOME property of the

surviving spouse?

The only things that "automatically" happen is if the property passes by law without probate. Joint tenancies, where the spouse is a beneficiary, and, things like that.

2) Or does the deceased spouse have a right to

express wishes to the surviving spouse regarding THEIR

intentions...(and if that's true)......

Generally, the law does not like things managed from the grave. While I don't know exactly what you are asking, "expressing wishes" are nothing more than that--a wish.

3) Can the surviving spouse over-ride the wishes of

the deceased spouse?

The owner is the owner to do as they please. There are some odd exceptions in some states like reciprocal wills, but most choose to enforce wishes through trust law where a well written trust guides ownership.

 

[tbeigle123]

Reason for Exclusion- Final Thought

This is not a question, but a final thought on the subject.
In my opinion, when a person does something so drastic
as to disinherit, they should be required to state a reason.
To me, omitting a reason is just an act of cowardice.
Especially as the law provides for "no reason required"
It's a "coward's clause"..

 

[Zigner]

This is not a question, but a final thought on the subject.
In my opinion, when a person does something so drastic
as to disinherit, they should be required to state a reason.
To me, omitting a reason is just an act of cowardice.
Especially as the law provides for "no reason required"
It's a "coward's clause"..

A response to your final thought...

What makes you think that you have any entitlement to their stuff? It's not yours - never was. It's not "cowardice" to not state a reason, but it is the height of arrogance and greed to assume that one is entitled to that which belongs to another.

 

[tbeigle123]

Height of Arrogance

I could care less about their "stuff"......in this particular case, of which YOU are not
privy to, my life (at that time) was turned upside down, by betrayal. Both by my own
family, and a pious Christian family who thought they knew better for her married
daughter, than she did, to completely thwart any attempt at reconciliation with my
then wife, and ruined my relationship with my daughter...and you think this is about
"stuff?"

 

[Zigner]

I could care less about their "stuff"......in this particular case, of which YOU are not
privy to, my life (at that time) was turned upside down, by betrayal. Both by my own
family, and a pious Christian family who thought they knew better for her married
daughter, than she did, to completely thwart any attempt at reconciliation with my
then wife, and ruined my relationship with my daughter...and you think this is about
"stuff?"

We're not here to speak about your baggage. The simple fact is that this entire thread, up until this post, has been about stuff.

I would suggest that you seek some intensive counseling to allow you to move on.

 

[not2cleverRed]

I could care less about their "stuff"......in this particular case, of which YOU are not
privy to, my life (at that time) was turned upside down, by betrayal. Both by my own
family, and a pious Christian family who thought they knew better for her married
daughter, than she did, to completely thwart any attempt at reconciliation with my
then wife, and ruined my relationship with my daughter...and you think this is about
"stuff?"

Hunh?

What does your mother's will have to do with your daughter and former wife?

My grandmother left over half her estate to my half-brother, most of the rest to her favorite son, and some pittance to my father, with the rest of us getting to divvy up our father's share if he predeceased grandma. It did not hurt our relationship with our father: it was his mother's will, not his, and we know that his feelings were hurt - he'd taken time off without pay several times to do what he could to help, while the favorite son stayed out of the country to avoid income taxes. It did not affect our relationship with the favorite grandchild, because we always knew he was the favorite. It did not even affect our relationship with our uncle - who has never so much as sent us a Christmas card, never given any of us a gift of *anything* except the presence (sans present) at our respective weddings.

Your mother's will changed NOTHING about your family's dynamics.

You need a psych eval and heavy duty therapy/medication.

 

[Dandy Don]

If you have a copy of the will, please state the exact terminology that mentions the exclusion.

Was there a mention of the person (who is being excluded) being given a nominal amount, such as $1.00? If so, then that is a generally recognized expression that the testator did not intend to leave much of anything to a particular beneficiary.

I sympathize with you, tbeigle123, because it can be very unexpected and hurtful to think that a person you considered to be a close family member apparently did not care enough for your feelings to at least leave you something.

You may want to consult with a local probate attorney to find out if you have a legal basis to contest the will, but contesting a will can be very expensive and perhaps not worth it.