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Protect Your Family With a Virginia Will

When you die, who will receive your home, your car, or your hard-earned money? If you have children, who will raise them and manage their assets? A will is a traditional estate planning tool that you can use to answer these questions. FindLaw has partnered with US Legal to provide low-cost power of attorney forms that can be completed at your convenience. Use our guided process to customize, print, and sign your legally-valid document, fast!

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Do I Really Need a Will in Virginia?

No one is required to have a will, but a will can make life a lot easier for your loved ones after you are gone. If you want to choose who raises your children and receives your assets after you die, you should make a will.

You can use a trust or life insurance to provide for your loved ones, but they are not substitutes for a will. You cannot name a guardian with these documents, unlike a will. A will also gives you the ability to use a residuary clause. A residuary clause is a catch-all that ensures assets you forget to put in a will or trust pass to a specific person or entity.

If you do not have a will, Virginia's intestate succession laws will determine who gets your assets. If you are married with no children, your spouse will receive everything. If you have children but no spouse, your children will receive everything. If you have a spouse and at least one child who is not your spouse's child, one-third of your estate will pass to your spouse and two-thirds to your children.

If you are not married and have no descendants, the intestate succession laws have a list of relatives who can inherit from you. It starts with your parents and siblings and continues with increasingly distant relatives. If you do not have any living relatives, your assets will go to the Commonwealth of Virginia.


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