Christopher M Guest’s Answers

Christopher M Guest

Washington Estate Planning Attorney.

Contributor Level 7
  1. Grandmother died without will grandfather will is said to be no good

    Answered about 4 years ago.

    1. Christopher M Guest
    1 lawyer answer

    To answer your additional information. Who raised you does not matter. In fact, a parent can disinherit a child or in your case a grandchild. If there was no will and the laws of intestacy governed then depending on who was alive at the time of the death of your grandmother would determine who could inherit what properties. In the will for your grandmother, she could leave her property, with in certain parameters, to anyone she deems fit including only to your mother, you, a combination or...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  2. Is the beneficiary of a savings account be superseded by a living will and such account not mentioned on the will

    Answered about 4 years ago.

    1. Charles Edward Mcwilliams Jr.
    2. Christopher M Guest
    3. Mark Allen Ziebold
    3 lawyer answers

    I agree with Mr. McWilliams. But to further follow up on the point regarding the difference between a living will and a will and many people confuse the two. A living will is a document that describes what actions you would like medical professionals taken regarding your health if you are incapacitated to speak i.e. would you like to be feed intravenously or not or have all measures taken to save your life. You are alive when the provisions of living will can be instituted. In most cases, a...

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  3. Virginia Will - Codicil to change Executer

    Answered over 4 years ago.

    1. Christopher M Guest
    1 lawyer answer

    A Codicil to be effective in VA, it must met the same requirements of your will. However, Virginia does recognize holographic (i.e. handwritten) wills and courts generally will construe the language liberally. The real question is why the need to remove one of your children as personal representative. (Though the better question would be why you wanted both listed as PR when the original will was drafted). While it might be burdensome to your out of state child they can certainly disavow...

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  4. How can I leave a house to my sister if my estate is not large enough to cover my existing debts?

    Answered about 4 years ago.

    1. Christopher M Guest
    2. Geneva Nicole Perry
    3. Janet Lee Brewer
    4. Sheila Jeanne Kelly
    4 lawyer answers

    You have a couple of decent answers posted though not exactly right given the differences in Virginia Probate law. First on the student loan front, public loans owed to the government are discharged upon your death as long as they are not consolidated and name your spouse on the consolidated loans. Private loans are trickier and depends. Generally, they are like any other creditor and can make claims against your estate or if can make claims against anyone that co-signed your loans like...

  5. Can a executrix in your last will and testament be the sole person

    Answered over 4 years ago.

    1. Christopher M Guest
    2. Mitchell Paul Goldstein
    3. Glenn A Jarrett
    3 lawyer answers

    I'm a little hazy on your question. But if you only want to name one person as the executor (or personal representative) of your last will and testament that is fine. Now, it is advised that you name a couple of personal representatives in case the first person you name has either died, become incapacitated or decides to turn down the appointment for some reason so that you have another person that you trust is in line to serve. If no one is named or your only personal representative declines...

  6. Will a "living will" override any rights that a husband may have over the other property/estate?

    Answered over 4 years ago.

    1. Charles Edward Mcwilliams Jr.
    2. Christopher M Guest
    3. Ronald E. Stutes
    3 lawyer answers

    Charles, While I agree with the overall premise of your answer, I do have one issue with your answer and that is the elective share. Her husband can make an elective share of up to 1/3 her augmented estate if she is survived by descendants and 1/2 of her augmented estate if she was not survived by descendants. The 48K that you side which is comprised of the Family Allowance (18K), Exempt Personal Property Set Aside (15K) and the 15K Homestead Allowance would be excluded from her augmented...

  7. In probating the personal property, is the marital property included in the estate?

    Answered over 4 years ago.

    1. Christopher M Guest
    2. Steven J. Fromm
    2 lawyer answers

    In following up...generally, Virginia considers the following as marital property: • Property acquired by either party during the marriage that is not separate property • Property that is part marital and part separate. • Property whose title is held by both parties (however, this still may be proven to be separate or partly separate if it can be traced accurately and fairly to separate property). As Steve states recording keeping is very important, particularly in second...