Legal Question in Wills and Trusts in Virginia
In Virginia; my husband was receiving an inheritance through a trust from his parents, who died while I was married to him. I was his second marriage. He died suddenly at a young age of 44. We had talked about a will but kept putting it off and now I'm in a mess. We had debt together for property, vehicles etc. We talked about just paying it all off when he received the inheritance and chose not to so we had a tax write off...what a mistake. Will the trust he was receiving monies from be obligated in any way to pay 1/2 of our combined debt? Do I have any recourse to help with the debt we incurred? The trustee told me it all goes to his children from his first marriage (we had no children together). I'm not the fighting type and don't care about all the money, just the debt we had. I'm now afraid I'll lose all we had, as I can't afford it alone and I just don't know the answers.
1 Answer from Attorneys
Without reviewing the terms of this trust, there is no reliable way
to answer your first question.
Assuming no will, as your husband's surviving spouse, you
should be entitled to some claim against his estate(separate and apart from the trust) and should therefore arrange for a consultation with a local probate attorney who should be able to further advise you concerning your options in this situation.
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