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Tag Archives: Wills & Trusts

Trusts in Medicaid and asset protection planning

The revocable living trust is a very useful and popular estate planning tool, recommended by most estate planning attorneys across the U.S. and used as the central estate planning document by millions of Americans. The primary benefit of the revocable ...

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Codicil Language Gives Widow Property (access required)

A Rappahannock County Circuit Court grants a widow’s motion for partial summary judgment recognizing her right to all testator husband’s personal property and real estate “currently” in the testator’s name, interpreted as property owned at the time of the testator’s ...

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Ex-Wife Won’t Be Joined for IRA Claim (access required)

In this dispute over ownership of decedent’s individual retirement account, the Abingdon U.S. District Court denies the IRA custodian’s motion to join decedent’s ex-wife as a necessary party by making her an involuntary plaintiff. Although decedent and the ex-wife divorced ...

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Getting to the jury on ‘capacity’ for will (access required)

Call it a finger on the scale of justice. The law sometimes gives an advantage to one side in a lawsuit, allowing a legal “presumption” about some key fact in the case. Presumptions can be overcome, but how much weight ...

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Reduced Share for Beneficiary Interference (access required)

The Norfolk Circuit Court upholds a commissioner’s finding that a beneficiary’s distribution from an estate will be reduced because of her substantial interference with efficient administration of the estate. Cleo Eppes died on March 18, 2007, and left two surviving ...

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