Condemnation Sale Proceeds are ‘Income’ to Trust 
By Deborah Elkins
Published: April 28, 2011
Tags: Justice Cynthia D. Kinser, Supreme Court of Virginia, Wills & Trusts
A trust provision allocates income from a condemnation sale of trust real estate in Newport News to “income” to be paid to the trustee, not as principal that may eventually go to appellant healthcare association, and the Supreme Court of Virginia affirms that ruling for the trust, but reverses the trial court decision dismissing the [...]
Claim for Real Estate Not Barred by Prior Suit Against Estate
By Deborah Elkins
Published: April 28, 2011
Tags: Justice William C. Mims, Supreme Court of Virginia, Wills & Trusts
A 2005 action in which appellant claimed to be decedent’s biological son and sought to share in his estate, dismissed as untimely under Va. Code § 64.2-5.1, did not bar appellant’s 2009 quiet title action in which he sought proceeds from the sale of decedent’s real estate; the Supreme Court reverses the trial court decision [...]
Court Orders Constructive Trust for Stepsons
By Deborah Elkins
Published: April 25, 2011
Tags: Judge Robert P. Doherty Jr., Roanoke Circuit Court, Virginia Circuit Courts, Wills & Trusts
In two adult sons’ suit against their stepmother as third-party beneficiaries of their parents’ post-nuptial agreement, a Roanoke County Circuit Court says the sons are entitled to only 50 percent of their father’s life insurance proceeds, and the court imposes a constructive trust on $63,424 as the sons’ share of their father’s estate. Husband and [...]
Relatives Can Sue for Fraud & Conspiracy
By Deborah Elkins
Published: April 13, 2011
Tags: Fairfax County Circuit Court, Judge Jane Marum Roush, Virginia Circuit Courts, Wills & Trusts
In this suit by relatives of a woman who died of brain cancer, claiming fraud, conversion and unjust enrichment by decedent’s former work supervisor and decedent’s lawyer cousin, a Fairfax Circuit Court says plaintiffs have stated claims for fraud and for conspiracy to commit conversion, and will allow amendment of additional claims. Plaintiffs in this [...]
Man’s second wife, daughters battled over homes
By Peter Vieth
Published: March 18, 2011
Tags: Alexandria Circuit Court, Judge Lisa B. Kemler, Wills & Trusts
Competing obituaries gave a hint of the family conflict that would emerge full blown after the 2009 death of Rear Admiral Peter DeMayo, U.S. Navy (Ret.), of Alexandria. In one notice in The Washington Post, both of DeMayo’s wives are identified, as well as two daughters from his first marriage, which ended in divorce. DeMayo [...]
Custodians Must Pay for Children’s UTMAs
By Deborah Elkins
Published: January 19, 2011
Tags: Justice William C. Mims, Supreme Court of Virginia, Wills & Trusts
A father and his brother who were custodians of three accounts belonging to the father’s three children under the Uniform Transfers to Minors Act violated the custodial standard of care by speculatively investing $40,000 in US Airways stock, and the Supreme Court of Virginia upholds the judgment that the father violated the applicable Prudent Person [...]
No Undue Influence in Will of Brain-Injured Adult
By Deborah Elkins
Published: January 19, 2011
Tags: Justice William C. Mims, Supreme Court of Virginia, Wills & Trusts
The Supreme Court of Virginia distinguishes a presumption of undue influence in a will contest involving a young victim of brain injury, rather than an elderly testator, and upholds a will that gave 25 percent each to the testator’s brother and sister-in-law, and only 25 percent to the testator’s now-grown son; the trial court said [...]
Estate tax bill passes
By Dolan Media Newswires
Published: December 27, 2010
Tags: Wills & Trusts
A bill that exempts estates smaller than $5 million ($10 million for married couples) from the federal estate tax, and creates a maximum estate tax rate of 35 percent, has passed the House and Senate and is expected to be signed by President Obama. But the measure – which is the first federal estate tax [...]
Congress set to pass two-year patch for estate tax
By Kimberly Atkins
Published: December 16, 2010
Tags: Wills & Trusts
WASHINGTON – For years, estate-planning attorneys have been aiming at a moving target, as they faced uncertain laws that literally changed from year to year until the federal estate tax disappeared completely in 2010. “I’ve never seen anything like it in my entire career,” said Needham, Mass. tax and estate-planning attorney Kenneth P. Brier. “I’ve [...]
Wills & Trusts – Trust Asset Distribution – Limitations – Laches
By Deborah Elkins
Published: October 26, 2010
Tags: Judge Leonie Brinkema, U.S. District Court - Eastern District, Wills & Trusts
A plaintiff who is unhappy with defendant Bank of America’s handling of a marital trust of plaintiff’s mother, to be distributed to plaintiff and his sister after the mother’s death in 2003, has waited too late to pursue his claims against BOA, says an Alexandria U.S. District Court. Because plaintiff beneficiary is neither a trustee [...]
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