Legal Question in Wills and Trusts in Virginia

If there is no will does one still has life time living rights after the property has been transferred to the remainder. Does a final divorce decree constitute as a will.

Asked on 3/27/17, 2:33 pm

1 Answer from Attorneys

Paul B. Ward Law Offices of Paul B. Ward

Going backwards, a final divorce decree does not constitute a will. In fact, the entry of a final divorce decree will automatically cancel any provisions previously made in the will of one of the divorcing parties in favor of the other divorcing party. As to the life time living rights, it is not clear how those rights were given and how the transfer to the remainderman reads; if the transfer was of a remainder interest, and you were given in writing a life time right to live in the property, you may still have that right. it would be important to have an attorney review the paperwork.

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Answered on 3/28/17, 7:54 am

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