Virginia  |  Wills and Trusts

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3/07/10, 3:17 am

Legal Question


Hi, my fiancee and i live together and have for three years, the home is his.

if he puts the deed in both our names would that automatically allow me to remain in the home ,keeping our personal belongings if he were to pass away?

also, in the state of va. is a hand written/ typed will with signature legal and valid? how about if it is signed by witnesses and a notary? thank you for your time


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3/12/10, 7:19 am

Legal Answer


Yes, if you and he were to hold title to the property as Joint Tenants With Right

of Survivorship (JTWRS).

The will you've described should be recognized as valid in Virginia as long as it's executed in the manner required by law (with signatures of at least two witnesses) and clearly evidences the intent of the testator(will maker).

And, if it's notarized, all the better.

Michael E. Hendrickson

Attorney & Counsellor at Law 211 North Union Street Suite 100 Alexandria, 22314

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