Legal Question in Wills and Trusts in Virginia
whta happens if husband dies without will in Virginia
Hi my husband have been married together for over 30 years no former marriages. We have three full grown children. All the property is in joint and savings, his 401 k and life insurance policy is with the govt/work but I am not down as beneficiary! He doesnt believe in wills, Should I worry if something happens and there is no will?? Do the children have any rights to contest anything?
2 Answers from Attorneys
Re: whta happens if husband dies without will in Virginia
The only real question is life insurance and the 401(k); if there is no named beneficiary, it is likely that the life insurance policy and the 401(k) plan call for the proceeds to go either to you or to your husband's estate.
In Virginia, you would be the sole beneficiary of his estate if he has no will. The children will have to wait to inherit from you.
Re: whta happens if husband dies without will in Virginia
Yes, it would appear that you should have some reasons for concern if you're not listed as a beneficiary on your husband's life insurance nor 401K and you might want to find out who exactly is listed.
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