When most people think of estate planning, they think of wills. A will is a document that states what should happen to a person’s property after their death. Wills can be simple or complex, depending on the needs of the person creating the will (testator). Wills must follow certain rules to be valid in the state of Virginia. At Michelle Tuschinski, Attorney at Law, we will help you create a legally compliant will that accomplishes your objectives.
Who Needs A Will
If any of the following apply to you, you should strongly consider meeting with Michelle Tuschinski, Attorney at Law, to discuss creating a will.
- You are married with children.
- You have children
- You or your spouse has been married before and have children from the previous marriage
- You or your spouse has at least one child that you do not share
- You want to leave something to a person that is not a family member or is a distant family member
- You want to have a say in how your estate is distributed after you are gone
- You expect there will be contention among family members regarding your estate after you die
- You own items of significant value, either monetarily or sentimentally
- You want to leave something to a pet
- You are involved in charity work
- You want to make the process easier for your family once you are gone.
- You are a senior citizen or suffer from a chronic, serious medical condition
What Happens If You Die Without A Will
Under VA Code §64.2-401, any person who is not of unsound mind or an unemancipated minor is capable of making a will. Even so, many people who can make a will actually do not. They incorrectly assume that the people they love most will be able to keep their assets and belongings once they pass away. The truth is that when a person dies without a will in Virginia, their estate will pass by intestate succession. This means that the Commonwealth of Virginia–not your family–will determine who will inherit. The rules of intestate succession do not take into account the wishes of the decedent or their relationships with others. Instead, statutes and the courts decide who gets what. If you have minor children, this would mean that the courts will decide who gets to raise them after you are gone.
Contact Michelle Tuschinski, Attorney at Law & Let Us Help You With Your Will
If you are ready to discuss how a will can benefit you and the ones you love most, contact our firm. We will help you understand all of the estate planning options available to you, including how a will can serve your needs.