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Disinheriting a Spouse

Disinheriting a Spouse

Many states, the Commonwealth of Virginia included, do not permit the complete disinheritance of a spouse. While an individual may have broad leeway to craft the provisions in their Will or Trust, state laws often forbid the omission of a spouse. While a spouse may not be named in the document as a beneficiary, he or she still retains statutory rights that allow the spouse to receive a portion of ...

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To Probate or Not to Probate

To Probate or Not to Probate

By Trusts and Estates Attorney Kerri CastelliniI find myself in a number of initial estate planning meetings defending the underdog:  Probate.  Clients tell me that their sole goal for estate planning is to avoid the dreaded P word.  When I inquire further for the reasons in wanting to avoid probate, I receive a litany of answers, but most often the following three:  (1) “I don'...

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