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Tag Archives: Wills & Trusts

Heirs May Sue Neighbors for Undue Influence (access required)

A trial court erred in dismissing portions of a complaint filed by decedent’s great-grandchildren against decedent’s neighbors and her sister, alleging certain substantial inter vivos financial transfers were the result of undue influence by defendants who allegedly were in confidential ...

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Attorney-In-Fact Files Valid Elective Share Claim (access required)

Although husband could not personally sign the notice of elective share of his wife’s estate, due to his incapacity, the notice, signed and acknowledged by husband’s attorney-in-fact, constitutes a valid claim under Va. Code § 64.1-13, and the Fairfax Circuit ...

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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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