When Bertha Grubb passed away in 2010, her Last Will and Testament neglected to include her husband, Marvin, among her beneficiaries.
Marvin filed a notice that he intended to take his elective share of Bertha’s augmented estate pursuant to Va. Code §64.2-305; when he passed away shortly thereafter, his attorney pursued his claim against Bertha’s estate.
Despite Bertha’s attempt to exclude Marvin from benefitting under her Will, his estate received over $42,000—2.5 years after his death.
Read the full opinion here: http://valawyersweekly.com/fulltext-opinions/files/2014/03/014-8-033.pdf