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Barrister, Attorney
Category: Estate Law
Satisfied Customers: 37854
Experience:  16 yrs estate law, real estate. Wills/Trusts/Probate
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My wife has died and has not included me in her will, should

Customer Question

my wife has died and has not included me in her will, should i contest
Submitted: 2 years ago.
Category: Estate Law
Expert:  Barrister replied 2 years ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
I can't tell you what you should do, but if you wanted to exercise your rights, you have the right to "elect against the estate" and claim a statutory share of her estate if you do so within 6 months of the date of probate of the will.
Under VA law, you can claim one third to one half of her augmented estate. The surviving spouse's right to claim an elective share is based on a fraction of the decedent's augmented estate - one-third if the decedent left surviving children or their descendants and one-half if the surviving spouse is not survived by children or their descendants.
Stated in very basic terms - an augmented estate equals the probate assets of the decedent, plus assets passing upon the decedent's death outside the probate estate, plus certain transfers by the decedent spouse during his or her lifetime, minus assets received by the surviving spouse from the decedent spouse through probate and non-probate means.