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Tag Archives: Wills & Trusts

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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New ‘trust protector’ role is emerging in state (access required)

Lawyers setting up trusts for clients are forging a new role for an advisor charged with seeing that the client’s original intent is carried out: trust protector. Broadly speaking, the trust protector does not have a day-to-day role in managing ...

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‘Interested’ Trustees May Not Terminate Trust (access required)

Co-trustees may not terminate a trust due to “defendant’s persistent and repeated requests for documentation and accountings” by the trustees, says a Richmond Circuit Court. Plaintiffs allege these persistent requests cost the trust unnecessary time and expense, including legal fees. ...

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Sister wins $1.4M in suit against brother over mom’s estate – $1,422,523 Verdict (access required)

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 ...

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Res Judicata Bars Suit Against Law Firm (access required)

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 ...

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