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living will

Discussion in 'Estate Planning, Creating Wills & Trusts' started by Chirese, Aug 12, 2020.

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  1. Chirese

    Chirese Law Topic Starter New Member

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    Jurisdiction:
    Virginia
    can a spouse of the dependent that has passed away but at at the time were married her parents sign a will as a witness
     
  2. army judge

    army judge Super Moderator

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    Most people can sign most anything.

    I'm sure you know that.

    If you provide a few details before you ask a question, someone will be able to offer you the answer you desire.

    Let's look at VA law regarding WHO can witness a will.

    Virginia MANDATES the signing of a will must generally be witnessed by two competent persons, who also must sign the will in front of the testator.

    (An exception to the witness requirement is made if the testator writes out the entire will in his or her own handwriting and signs and dates it.)

    Can an interested person witness a Will in Virginia?

    Generally, the answer is yes. If the person is otherwise a valid witness, and no other exceptions exist, then an interested person (i.e., a beneficiary) may witness a Last Will & Testament in Virginia.

    When it comes to selecting individuals who are eligible to witness the signing of a last will and testament, there are two considerations in particular that come into play.

    First, they are generally not related or named in the document in question. In other words, they are therefore more likely to be objective, third-party observers.

    Second, they are also over the age of 18, the legal age of majority.

    There you go, I think that's what you wanted to know.
     
  3. Tax Counsel

    Tax Counsel Well-Known Member

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    Your question is not very clear. But let me see if I understand what you are trying to get at. Suppose Amy and Bob are married. They have a daughter, Cindy. Cindy makes a will and has her parent, Amy and Bob sign the will as witnesses. I think you are asking if Amy and Bob were eligible to be witnesses to Cindy's will. If that's what you want to know, the answer is yes, assuming that Amy and Bob were mentally competent at the time they signed the will.
     
  4. zddoodah

    zddoodah Well-Known Member

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    Let's try and clarify this a bit so that it makes sense.

    It sounds like three people are involved here. We'll call those three people Alan, Barbara and Charles. You refer to "a spouse of the dependent," so let's say that Barbara is married to Alan, and Barbara is Charles's dependent, and Barbara has died. Is that all correct? If so, why was Barbara still Charles's dependent despite being married to Alan? Was/is Alan also Charles's dependent? Did/does Barbara and/or Alan live with Charles?

    The rest of your post is grammatically incomprehensible, so I suggest you try this again, using something that resembles proper English sentence structure and punctuation.
     
  5. Zigner

    Zigner Well-Known Member

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    I agree that the question was difficult to understand.

    My guess is the OP is asking if it's "ok" for a witness to a will to be the testator's son-in-law/daughter-in-law.

    Alternatively, the OP may be asking if a father-in-law/mother-in-law is allowed to witness a will written by their son-in-law/daughter-in-law.
     
  6. flyingron

    flyingron Well-Known Member

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    I should point out in addition that your title is misleading. A "living will" isn't the will that says how your property is dealt with after your death. It is a colloquialism for an advanced medical directive, which indicates a LIVING person's desires for medical treatment in the event that they aren't conscious or competent to express them later on.
     

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