ROANOKE TIMES

                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: MONDAY, May 31, 1993                   TAG: 9305310005
SECTION: VIRGINIA                    PAGE: B1   EDITION: HOLIDAY 
SOURCE: Ray Reed
DATELINE:                                 LENGTH: Medium


HANDWRITTEN WILLS LEGAL, BUT USE CARE

Q1: Are handwritten wills recognized in Virginia? I.A., Vinton

Q2: If a person named as executor of a will passes away, is it necessary to rewrite, or add a codicil? What is the proper procedure to protect an already-written will? N.N.

A1: Wills are acceptable if they are entirely handwritten by the testator, signed, and witnessed by at least two people. The person writing the will must be at least 18 and of sound mind. The will has to be completely handwritten and not a fill-in-the-blanks form.

A2: When an executor dies before the person making the will, it can be rewritten or left to the court to appoint a new executor. Usually the court gives preference to a legatee, or person receiving the estate.

Those are quick and simple answers. Wills rarely are quick and simple; it's a good idea to at least have a lawyer look over what you've written. They can anticipate problems many of us don't expect.

For example, it's a common practice to name a second or substitute executor in lawyer-written wills. Also, the probate process is likely to go smoother with lawyer-prepared wills.

\ Fatalistic phrase

Q: Where does the expression "He bought the farm" - meaning, he died - come from? M.B., Roanoke

A: It was widely used by military people during and after World War II. Without finding any scholarly evidence of its origin, the Morris Dictionary of Word and Phrase Origins, by William and Mary Morris, attributes it to soldiers' dreams of going home and buying a farm.

Probably more than half the soldiers were from rural families and many hoped to go home, marry the waiting girlfriend and buy the 50 acres down the road from dad. Upon learning of a friend's death, a soldier might remark philosophically, "Well, he's bought his farm," a reflection on humanity's unfulfilled aspirations.

\ Overweight light bill?

Q: What about that letter to the editor Friday about the light bill for the new Interstate 81 scales? Who IS paying the bill? And how much is it? J.P., Troutville

A: To the first question, we're paying. As for how much, nobody knows yet but it's safe to say $500 a month won't cover it.

Both you and the letter writer remarked on the brightness of the lights, which are near your homes. They're for safety of the truckers and to discourage vandalism, some of which has already occurred.

The bill's paid out of the Department of Transportation maintenance budget, and that money comes from four sources: sales tax on new vehicles, gasoline sales tax, licensing fees and half a penny from the state sales tax. You know who pays those.

The monthly electric bill for the old truck weigh station ran $400 to $500 per month. These scales are a lot bigger, but they're not fully open yet so nobody knows how fast the meter will spin.

\ Got a question about something that might affect other people too? Something you've come across and wondered about? Give us a call at 981-3118. Maybe we can find the answer.



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