A will is a legal document that specifies how your assets will be distributed when you die. If you die without a will, your assets will be distributed according to Virginia law. Unlike those with valid wills in Virginia, when you are without a legal will, you are allowing the state to distribute your property in a manner that may or may not match your wishes. You are also inviting potential discord among your heirs, because the court can determine the percentage of your overall estate that goes to each recipient but not the disposition of individual items.
If you want to control what happens with your estate, for example to protect minor children, you need an attorney who is experienced with Virginia legal wills. Having a well-drafted will is an important part of the complete estate planning services offered by Legacy Law Group of Northern Virginia.
Because will litigation is complex, it is important to discuss your issues with lawyers who know exactly what is required to contest a will in Prince William County. At Legacy Law Group of Northern Virginia, we will explain to you that you cannot legally dispute a will simply because you are upset with the share of the assets you received. To successfully contest a will, it is necessary to prove the following:
It was improperly executed, such as being unsigned or other procedural flaw
There is a clear mistake, such as assigning the distribution of three halves or five quarters
The testator (the person whose will it is) lacked the mental capacity to understand what was actually being put in the will
The testator was mentally ill or suffered from an insane delusion
The will was made under undue influence or duress, such as by a caregiver who threatened to withhold food if the will was not changed
The will is the result of fraud, such as when the son of the testator substituted a counterfeit will
In any discussion of probate law or probating a will it is important to understand the role of the executor and/or executrix. The appointed administrator is charged with fitting together all the pieces of the jigsaw puzzle that come into play when the possessions and property of the deceased need to be distributed.
The executor/executrix of the decedent’s will or the appointed administrator is responsible for the following actions:
As skilled Virginia probate lawyers, our attorneys understand how to make these tasks go as smoothly as possible. They also know how to ensure that you receive everything to which you are entitled.
A will is one of four primary corners of the estate planning jigsaw puzzle. Many people misunderstand the goal and use of this essential estate planning tool. Our goal is to clarify this often perplexing tool.
We want to help take the puzzle out of probate for you. Probate is the legal process of administering an estate after someone dies. Because it is a complicated maze, many misconceptions arise. We want to dispel these misconceptions and present the truth.
Trusts represent one of four primary documents that anchor the estate planning jigsaw puzzle. However, several misconceptions are prevalent concerning trusts. At Legacy Law Group of Northern Virginia, we aim to solve the puzzle. Therefore, we want to dispel common misunderstandings about these effective estate planning tools.
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