Sister wins $1.4M in suit against brother over mom’s estate – $1,422,523 Verdict 
By Virginia Lawyers Weekly
Published: August 13, 2012
Tags: Fairfax County Circuit Court, Judge Brett A. Kassabian, Million-Dollar Verdicts, Wills & Trusts
Plaintiff filed suit naming three defendants: 1) plaintiff’s brother in his capacity as the administrator of their mother’s estate, 2) plaintiff’s brother individually, and 3) plaintiff’s sister-in-law. The case involved the defendant brother/son obtaining funds from his parents’ trusts in violation of the terms of the trusts. The court entered judgment in favor of the [...]
Birth Certificate Only ‘Prima Facie’ Proof
By Deborah Elkins
Published: August 10, 2012
Tags: Judge Melvin R. Hughes Jr., Richmond Circuit Court, Virginia Circuit Courts, Wills & Trusts
Although a party who claims to be the only lineal descendant who can inherit an interest in real estate has presented a certified birth certificate, the Richmond Circuit Court says under Virginia law, the birth certificate is only prima facie evidence of the relationship and the claimant’s motion for summary judgment is denied. Defendant David [...]
Res Judicata Bars Suit Against Law Firm
By Deborah Elkins
Published: July 27, 2012
Tags: Judge Melvin R. Hughes Jr., Richmond Circuit Court, Virginia Circuit Courts, Wills & Trusts
After another circuit court sustained pleas in bar filed by defendants in this lawsuit, preventing three claims relating to defendant’s representation of plaintiffs of a decedent’s estate from going forward, the Richmond Circuit Court says the current suit is barred by the doctrine of res judicata. The other case, filed in Chesterfield County Circuit Court, [...]
Law Firm Must Detail Guardian Services
By Deborah Elkins
Published: May 25, 2012
Tags: Fairfax County Circuit Court, Judge Leslie M. Alden, Virginia Circuit Courts, Wills & Trusts
On a report by the Commissioner of Accounts and review of these seven cases in which a law firm has served in multiple roles, including guardian, conservator and trustee, for incapacitated persons, the Fairfax Circuit Court orders the law firm to provide detailed descriptions of the services, who performed them and at what hourly rate, [...]
Basic estate and long-term planning a must for LGBT seniors
By Virginia Lawyers Weekly
Published: May 21, 2012
Tags: Elder Law, Wills & Trusts
Virginia does not recognize same-sex marriages or domestic partnerships, and also does not recognize the validity of same-sex marriages or domestic partnerships entered into in other states. As a result, the lesbian, gay, bisexual, and transgender (LGBT) population of Virginia has a critical need for estate and long-term care planning. Without the proper planning, as [...]
Revocable living trusts …plan for an incapacity of wealthy clients
By Virginia Lawyers Weekly
Published: May 21, 2012
Tags: Elder Law, Wills & Trusts
You have reviewed your new client’s intake questionnaire. She is an 80-year-old widow with three children, two grandchildren and two great grandchildren. Her net worth, including her mortgage-free home, is about $3.5 million. She has a good government pension as well as income benefits from her late husband. She is delightful. Witty. Irreverent. Her two [...]
‘Mirror-Image’ Will Not Binding Contract
By Deborah Elkins
Published: May 1, 2012
Tags: Justice Cleo E. Powell, Supreme Court of Virginia, Wills & Trusts
A couple’s reciprocal wills providing each testator left the entire estate to the surviving spouse and each testator’s child from a previous marriage would get one-half the estate at the death of the surviving spouse, was not a binding contract and the widow was free to change her will and leave everything to her daughter, [...]
Trust manager sues for fees, gets hit for $13M
By Sarah Rodriguez
Published: March 26, 2012
Tags: Alexandria Circuit Court, Fraud, Million-Dollar Verdicts, Wills & Trusts
An investment manager who sued to get his fees from two trusts not only lost his case, he was hit for more than $13 million on a counterclaim. After a six-day trial, an Alexandria jury found plaintiff John R. Erb liable for breach of contract, breach of fiduciary duty and fraud in his handling of [...]
Trustee hit for fraud, breach of contract on counterclaim – $13,357,000 Verdict for Defendants
By Virginia Lawyers Weekly
Published: March 26, 2012
Tags: Alexandria Circuit Court, Judge Lisa B. Kemler, Million-Dollar Verdicts, Wills & Trusts
John R. Erb, the sole shareholder, officer and employee of the Alexandria investment management firm of de Teffé Capital Management, Inc., initiated the action by filing suit for trustee’s and investment management fees totaling approximately $1.5 million allegedly earned and deferred by him over the years for services rendered in connection with two irrevocable trusts [...]
Agreement reached in will contest – $4,100,000 Settlement
By Virginia Lawyers Weekly
Published: January 30, 2012
Tags: Million-Dollar Settlements, Wills & Trusts
Intestate heirs filed a declaratory judgment action seeking judgment against an individual named in a 1995 holographic will and three volunteer rescue squads also named in the will. Prior to her death in 2010, the testatrix sold for $2,000,000 certain residential real estate that she had instructed her executor to sell upon her death, with [...]
VLW Verdicts & Settlements
Refine your search for VLW Verdict & Settlement Reports or send us your case results for publication. Database search feature available to VLW subscribers only - login required.
Log in to search the V & S Database
Submit a Verdict & Settlement Report
GET THE VLW DAILY ALERT
The Daily Alert from Virginia Lawyers Weekly brings you the latest legal news every morning in your e-mail. You’ll get headline news, a link to the day’s Top Opinion and more!
Click here to sign up for the Alert
STAY CONNECTED WITH VLW
Stay up-to-date with the latest news and information from Virginia Lawyers Weekly by subscribing to our RSS feeds and visiting our social media pages.
