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Virginia Will, Trust & Estate Litigation: October 2013
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Virginia Will, Trust and Estate Litigation. Wednesday, October 2, 2013. Inheritance Rights in Virginia of Children Born Out of Wedlock. I have been involved in several cases dealing with the inheritance rights of children born out of wedlock, specifically such children inheriting from their father. These cases generally only arise when the alleged father died without a will (known as “intestate”), though it could possibly arise in some cases where there is a last will and testament. 2 That he gave consen...
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Virginia Will, Trust & Estate Litigation: May 2010
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Virginia Will, Trust and Estate Litigation. Monday, May 24, 2010. No Contest Clauses in Virginia: The Latest. I've posted previously about Virginia law regarding no-contest clauses in wills and trusts. As I wrote before, the Virginia Supreme Court has held specifically that such clauses are valid in wills and trusts, and should be "strictly enforced.". A Virginia Circuit Court recently enforced a no-contest clause (formally called an. She was entitled to under the will. Subscribe to: Posts (Atom).
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Virginia Will, Trust & Estate Litigation: May 2009
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Virginia Will, Trust and Estate Litigation. Wednesday, May 27, 2009. Another Undue Influence Case . With Some Twists. I read about a recent trial involving a challenge to a will and transfers of property during the decedent's lifetime based on undue influence, and as to the will on the alternative basis that it was forged. The case, Leitner v. Shimanski. The case was tried before a jury by Brian Brake, an attorney with the Lenhart Obenshain firm in Harrisonburg, who I talked to about the case. I spoke wi...
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Virginia Will, Trust & Estate Litigation: October 2009
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Virginia Will, Trust and Estate Litigation. Tuesday, October 13, 2009. Think You Have a Claim? Was this all on the up-and-up, or has your loved one been taken to the cleaners? Often, it's hard to tell. But, my advice is to get to work trying to figure it out, assuming that is the role you are supposed to be playing. I have people come to see me fairly often that have waited too long, and what was probably a claim is barred by the statute of limitations, meaning the claim simply cannot be now be brought.
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Virginia Will, Trust & Estate Litigation: January 2011
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Virginia Will, Trust and Estate Litigation. Monday, January 17, 2011. Another Oral Contract to Make A Will - You Better Do Your Part. A recent Virginia Circuit Court case from Norfolk (. Browder-Martin v. Meneses. In Virginia (and most states), personal services contracts are not assignable, meaning you can't contract to provide services (as opposed to goods or merchandise) to someone and then have someone else provide them (this is a gross oversimplification, but you get the idea). Robyn Smith Ellis PLC.
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Virginia Will, Trust & Estate Litigation: March 2015
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Virginia Will, Trust and Estate Litigation. Sunday, March 22, 2015. Partition Suits In Virginia. A partition suit is a cause of action created by statute in Virginia which allows a person or entity that co-owns real estate with others to force either (1) the dividing of the property such that each owner will own a portion of it solely (called an "in-kind" partition), (2) the sale of the property, or (3) a buyout of or by the other co-owners of the property (called "allotment"). One or more co-owners buyi...
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Virginia Will, Trust & Estate Litigation: March 2009
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Virginia Will, Trust and Estate Litigation. Saturday, March 14, 2009. Attorneys Fees in Virginia Will Contests and Estate Litigation. That means that, in most cases, if you file a suit to right a wrong, recover damages or money or property that rightfully belongs to you, and you win, the attorneys fees and other litigation costs you incurred likely will not be recovered as part of a verdict in your favor. In most situations, if you successfully challenge a will, your attorneys fees and other litigation c...
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Virginia Will, Trust & Estate Litigation: April 2009
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Virginia Will, Trust and Estate Litigation. Tuesday, April 7, 2009. Powers Of Attorney: Useful But Dangerous. Powers of attorney are great legal tools when used properly and with good intentions, as is most often the case. Recently, however, I have seen an increase in cases involving abuse and misuse of POAs. Generally speaking, if you are acting as attorney-in-fact for someone else, you cannot do anything. Using the POA that benefits yourself. This is called "self-dealing" and is considered a breach...
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