Surviving spouse overriding deceased spouses wishes

[Tbeigle]

What is the name of your state? Virginia

My parents, both residents of the state of Virginia are both deceased. My question is this.
Can the remaining living spouse completely override the wishes of deceased spouse?
I ask this because as a disinherited member of the family, according to Va law, it had to
be explicitly mentioned in the will that I was, in fact, disinherited. Now if I was NOT
mentioned, it would be assumed the parent who's will it is might have made an error
and the judge might make for arrangements if my name had been omitted.

Now, in the case of my father, who passed before my mother, no mention of his
wishes was in her will. His name also was omitted as she only referred to herself as a widow.

Now, as I stated in the above paragraph that I had to be expressly mentioned in the
will, (or the judge might think a disinheritance error was made), wouldn't my father's
wishes be also assumed, unless it was specifically mentioned that he HAD no
wishes? My parents were married 60 years and it's a little odd that he had no expressed
personal wishes. Thank you for your time.

Tony Beigle

 

[quincy]

When did your parents die?

 

[Tbeigle]

Dad died in 2007 and my mother in 2016. I know I may have missed the time limit, but I have a feeling that something might have been wrong, with her not considering him.

 

[Zigner]

Your mom's will doesn't have to mention your dad's wishes.

 

[quincy]

If your dad predeceased your mother, your mother did not have to consider your father or your father’s previous wants or wishes.

 

[Tbeigle]

Your mom's will doesn't have to mention your dad's wishes.

 

[Tbeigle]

If your dad predeceased your mother, your mother did not have to consider your father or your father’s previous wants or wishes.

It is quite something the selfishness that the law allows. Thank you for your time.

 

[quincy]

It is quite something the selfishness that the law allows. Thank you for your time.

Usually there will only be a one-year period of time within which you can challenge a will in Virginia. It appears there is little that you can do about your mother’s will now anyway.

We appreciate the thanks. I am sorry we were not able to tell you what you hoped to hear.

 

[TrustUser]

It is quite something the selfishness that the law allows. Thank you for your time.

it is not the law's job to determine selfishness, or try to regulate it. nor would we want it to be. that is a huge overreach.

if you were disinherited by both your dad and your mom, why would it matter ?

also, your dad's will, if he had one, would have gone into effect in 2007, when he died. there is nothing that makes me think his will wasnt done correctly, at the time. do you have any info about his will, when he died ?

 

[quincy]

At this point, what was and wasn’t done with either of the wills doesn’t really matter.

A link to the law:
https://law.lis.virginia.gov/vacode/title64.2/chapter4/section64.2-448/

 

[zddoodah]

Can the remaining living spouse completely override the wishes of deceased spouse?

As phrased, the answer to this question is absolutely and unquestionably yes. However, given your statement that both of your parents are dead, it seems like an odd question.

I ask this because as a disinherited member of the family, according to Va law, it had to
be explicitly mentioned in the will that I was, in fact, disinherited.

For starters, it is not correct that, "according to [Virginia] law," the intent to "disinherit" a child must be explicitly mentioned in one's will. One can "disinherit" a child by simply not leaving anything to him/her.

Now, in the case of my father, who passed before my mother, no mention of his
wishes was in her will. His name also was omitted as she only referred to herself as a widow.

Once your father died and his estate was administered, his "wishes" became utterly irrelevant. Your mother was free to leave her estate to whomever she saw fit.

Now, as I stated in the above paragraph that I had to be expressly mentioned in the
will, (or the judge might think a disinheritance error was made), wouldn't my father's
wishes be also assumed, unless it was specifically mentioned that he HAD no
wishes?

Huh? Assumed by whom?

Not really sure what you're concerned about. It sounds like your father didn't leave you anything in his will, but I can't figure out why you're concerned about that 13 years later or what that might have had to do with your mother's estate after she died four years ago. Care to enlighten us?

 

[quincy]

It appears that there is nothing that Tbeigle can do about the wills of his mother or father after this many years, regardless of his reasons for inquiring about them now, so I am not sure further explanation is necessary - except to sate curiosity.