Virginia Renunciation of Legacy

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Multi-State
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US-0672BG
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Word; 
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Description

The term legacy has different meanings, but in a legal sense, it is used to refer to a bequest in a will. Technically, legacy does not include real property (which is a devise), so legacy usually refers to a gift of personal property or money to a beneficiary (legatee) of a will. The laws of the individual states govern the matter of wills and estates, and lay down the rules for any waiver of inheritance.

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FAQ

Virginia's laws of intestate succession state that when a person dies leaving a spouse and children, one-third of the person's assets pass to the spouse and two-thirds of the person's assets pass to the children. If a person does not have any children, all of the assets pass to the spouse.

Grant of administration of intestate estate. A. The court or the clerk who would have jurisdiction as to the probate of a will, if there were a will, has jurisdiction to hear and determine the right of administration of the estate in the case of a person dying intestate.

This section shall be deemed to permit qualification without security where the personal representative is the only distributee or only beneficiary by virtue of one or more instruments of disclaimer filed prior to, or at the time of, such personal representative's qualification.

§ 64.2-630. Revocation by instrument authorized; revocation by act not permitted. d. An inter vivos deed that expressly revokes the transfer on death deed or part of the transfer on death deed.

§ 64.2-500. Administration shall not be granted to any person unless he takes the required oath and gives bond, and the court or clerk is satisfied that he is suitable and competent to perform the duties of his office. Administration shall not be granted to any person under a disability as defined in § 8.01-2.

In Virginia, any estate valued at greater than $50,000 at the time of the owner's passing must go through the probate procedure.

Virginia statutes provide no specific requirements an executor must meet, and you are free to name any adult that you trust as your executor.

To be effective, a disclaimer shall be in writing or other record, declare the disclaimer, describe the interest or power disclaimed, be signed by the person making the disclaimer, and be delivered or filed in the manner provided in § 64.2-2610.

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Virginia Renunciation of Legacy