Legal Question in Wills and Trusts in Virginia

my mother and father are both dead but there is a new wife there now for 3 years and on the banking saving and checking they all have my self only as p.o.d. is the new wife entitled to any of this money? the new wife is not on the accounts.


Asked on 5/02/11, 5:52 pm

1 Answer from Attorneys

Paul B. Ward Law Offices of Paul B. Ward

This is not a simple question. If I understand the facts, your mother died and your father remarried; subsequently he died and your step-mother survived him. Your fater had savings and checking accounts in his name only and had designated the accounts to be payable to you on his death. The accounts will have to be paid to you because of the contract your father had with the bank. But that might not be the end of it.

Over the past several years the Virginia legislature has changed substantially the rights of surviving spouses to receive a portion of the estate of a person who dies with or without a will. The rules are complex and totally fact-driven. If your step-mother has a claim it would be to to one-third of the "augmented estate", and the rules of what is or is not in the augmented estate are extensive. If she makes a valid claim and the claimed amount cannot be obtained from other assets, you might be required to contribute a portion of your POD proceeds to pay the claim.

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Answered on 5/03/11, 8:16 am


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