Legal Question in Family Law in Virginia
My parents split up several years ago. They never got a legal seperation or a divorce. My mother is age 72, lives alone in New Hampshire and collects social security and has a small part time job. My father is age 74, lives in Florida with another woman and collects social security only. His girlfriend has no income.
Each parent has only a small amount of savings.
Question 1: If one parent was to become ill and/or needs to go in a nursing home would the other parent be responsible for paying medical bills etc.?
Question 2: My mother does not have a will and for some reason will not get one. When she dies, and if she is still legally married to my father, how will her assets be distributed?
1 Answer from Attorneys
1. Possibly.
2. Presumably to your father.
She needs to have a will done, even a short simple cheap one. Probably should get divorced too, to avoid other disastrous consequences.
For all legal purposes, they are still married as you have so rightly pointed out.
Good luck.
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