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Harmless error rule allows use of ‘de facto will’ (access required)

Last Will and Testament FEA

Virginia lawyers have had a tool to validate wills that fail to meet the strict requirements of authentic­ity for almost nine years. Lawyers report increasing use of what has been called the “harmless error rule” for wills that don’t quite ...

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Make sure your beneficiary designations are heir tight (access required)

Contract-Review-FEA

An often-neglected area in the world of benefit plan administration is the beneficiary designation form. Many participants complete their beneficiary designations incorrect­ly because they don’t read the in­structions carefully or don’t under­stand the instructions. Beneficiary designation forms are often filed ...

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The new relevance of income taxes in estate planning (access required)

Estate Planning Seniors FEA

Historically, estate planning has focused more on estate, gift, and generation-skipping taxes, and less on income taxes. Therefore, most estate plans for affluent cou­ples include what is often referred to as “A-B Trusts.” Following the substantial changes made by the ...

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Judge needn’t recuse when courtroom regular appears in case (access required)

Signing-Document-Order-FEA

A judge need not automatically recuse himself when a lawyer who regularly appears before the court is a witness or a defendant in a case, according to the Judicial Ethics Advisory Committee. The judge must “introspectively determine” her own impartiality ...

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Law firm hit with Medicare payback claim (access required)

Medicare FEA

A Richmond federal court says an insurance carrier can sue a personal injury law firm for double damages for failing to reimburse the carrier for conditional medical payments it made for a client under a Medicare Advantage plan. Personal injury ...

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A fine plan (access required)

Traffic Stop Police FEA

Virginia courts are under pres­sure to make sure traffic offend­ers have a realistic chance to pay off their court obligations without losing their driving privileges. The Supreme Court of Virginia is expected to consider a rule directing courts to provide ...

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