Can my spouse override my will?

[marshmello]

I live in VA. I own a home which was purchased before I got married. (The title is in my name alone). My husband and I are now separated. Will he be entilted to my house if I die, even though I've named my sisters as the heirs in my will? And is it really necessary to hire an attorney to write my will if I can do it myself? My will is very simple?

 

[advisor10]

10-12-2001

DEAR MARSHMELLO:

You forgot to mention whether or not you have children. If you do, then the surviving spouse (your husband) could be entitled to 1/3 of your estate. If you have no children, then he could be entitled to 1/2 of it, with the rest being split amongs t your sisters as heirs.

Yes, it is VERY IMPORTANT that you hire an attorney to do your will, to insure that it fits all legal requirements of the state probate law, or at least have him/her review the will you already have drawn up to see where it needs to be strengthened or revised. If you don't have your will reviewed, there is a strong chance that it could be declared as invalid and rejected by the probate court, in which case your estate would then be divided up according to intestate (without a will) law.

I'm not familiar with Virginia law but I got the above information from a reference book. Cost for having your will drawn up or reviewed could range from $200-$1,000, so you should get estimates from 3-4 attorneys before deciding.

SINCERELY,

[email protected]

 

[JETX]

It sounds like you have some specific wishes for property disposition in the event of your death. Further, it sounds as if you have created a holographic will and have some concerns about what MIGHT happen.

1) If your will is found to be valid and stands up in probate, it is very probable that your wishes will be complied with and your sisters will PROBABLY get your estate.

However, if your will is found insufficient or invalid, your estate will pass 'intestate' and the estate will be distributed as follows:
• All of your property passes to your spouse unless you have children from a former marriage.
• If your spouse fails to survive you, your entire estate will pass to your children (or to the descendants of any deceased children).
• If you are unmarried and have no children, Virginia law requires that your estate pass to your parents.
• In the absence of parents, your property would pass to your siblings (or descendants of deceased ones).
• Finally, if you have no siblings, nieces or nephews, Virginia law provides for one-half of your estate to pass to your nearest maternal relatives and one-half of your estate to your closest paternal relatives.

As you can see, depending on your specific family circumstances, your spouse COULD inherit your entire estate. And that would include the property, since it would be a part of your estate.

So, rather than take the risk of having the state (or your spouse) determine your estate wishes, I STRONGLY suggest you invest the relatively small amount and have your will drawn up, or at least reviewed, by a competent attorney. That is truly the ONLY way that you can be comfortable that your wishes will be considered.

You might find the following website of interest:
http://patriot.net/~crouch/familylaw/wills.htm

 

[marshmello]

Specific wishes for my will

I do have specific wishes for my will. My only wish is that my soon to be x-husband won't inherit a nickle if I die before the divorce is final. I don't have any kids. I've just made arrangements to meet with an attorney so that he can review the will that I've drawn up, because I definetly don't want my will to be invalid. I questioned hiring an attorney, because if I can prepare the will myself, then I won't be spending unnecessary money. I have a very simple will.