Rights of Surviving Spouses in Virginia Undergo Major Change

Common question: Can my spouse disinherit me or leave me out of their will? If you reside in Virginia, the answer is no. There are laws in place that protect surviving spouses from being disinherited and left with absolutely nothing after a spouse passes away. The legislature passed an “elective share” statute. This law allows a surviving spouse to claim a portion of a decedent’s estate if: (i) the decedent died without a will; (ii) the spouse is omitted from the will, or (iii) the decedent explicitly disinherited the surviving spouse in their will. A spouse is eligible to exercise their right...