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Claims in complaint would not violate no-contest clause
The trial court correctly issued a declaratory judgment that litigation of a trust beneficiary’s claims, which accuse his sister “of obtaining certain gifts from their parents through undue influence or fraud, thereby depleting their parents’ trusts and eroding [the beneficiary’s] inheritance,” would not violate the trust’s no-contest clause. The complaint was fashioned “according to[...]
No good faith exception to will’s no contest provision
Where the decedent’s will contained a no contest provision, the circuit court correctly declined to adopt a good faith and probable cause exception to enforcing the provision. Background “Helton and his wife Carol were neighbors of Martha and William Stegmaier [the appellees in this case]. Kalle and Butler [Butler is the appellant] are Carol’s grandchildren […]
Evidence shows that will was not destroyed
A copy of the testator’s will, which disinherited her sons, was properly admitted to probate. The estate’s executor successfully rebutted the presumption that the missing original “was revoked by clear and convincing evidence.” Overview After Lynch-Carbaugh died, Kenney, the estate’s executor, moved to probate a copy of Lynch-Carbaugh’s will, alleging that the original will could [&hel[...]
Plaintiff lacks standing to sue for undue influence
Where plaintiff was not the personal representative of the decedent’s estate, he lacks standing to sue his sister for undue influence, unjust enrichment and breach of fiduciary duty. His fraud claim, however, goes forward. His request for an accounting is granted. Overview Susan Forbes, John B. Forbes and Chip Forbes are heirs to the decedent, […]
Ambiguity regarding will beneficiaries requires remand
Where the decedent’s will ambiguously identified the beneficiaries, the circuit court erred by concluding that the decedent’s executor was the sole beneficiary. Overview Mark Gabi apparently drafted his own will using a template found on the internet. The will named his brother, appellee Mohamad Nidal Aljabi, as executor. When Gabi died, he was married to […]
Foreign judgment incorrectly recognized
Although the circuit court correctly admitted a will to probate and appointed an estate administrator, the court incorrectly granted summary judgment to a German charity that was making a claim against the decedent’s brokerage account. Background Towsey, the decedent, had dual citizenship in the United States and Germany. After his death, the circuit court appointed […]
Commissioner of accounts properly conducted hearing
The commissioner of accounts properly held a hearing regarding a conservator’s accounting of the decedent’s estate, even though the information prompting the hearing came from a disinterested party. Background Kishna Minor was appointed conservator of Eric Witt Wilder, her incapacitated grandfather. A condition of the appointment required her to post a $1.2 million bond. Wilder […]
No arbitration of trust dispute
Neither the Virginia Uniform Arbitration Act nor the Federal Arbitration Act compel arbitration of the parties’ trust dispute. Both statutes provide for arbitration of contracts. A trust is not a contract. Moreover, a trust beneficiary is not a party to an arbitration agreement. As a result, a provision in the FAA that requires arbitration, if […]
Signature requirement to will codicil excused
Even though the testator did not sign a codicil to his will, clear and convincing extrinsic evidence shows that he intended to add to, or change his will. Overview Asmuth, the decedent, signed his will on Oct. 17, 2018. On Oct. 18, he wrote a document purporting to be a codicil to his will. However, […]
Condo sale before testator’s death adeemed legacies
Where the bequests to certain beneficiaries were to be funded from the sale of the testator’s condominium, the sale of the condominium before the testator’s death adeemed the bequests. The Commissioner of Accounts erred by concluding otherwise. Her recommendation that the executor and a bonding company were liable for a $200,000 judgment is rejected. Overview […]
Power of attorney bars accounting claim
The circuit court correctly determined appellant was not entitled to a statutory accounting from her brother relating to his management of their father’s financial affairs under a power of attorney. The power of attorney document specifically prohibited such accounting. Further, appellant’s equitable accounting claim “should have been asserted, if at all, in the probate proceeding[.]” [&he[...]
Brothers correctly removed as co-executors of mother’s estate
The circuit court correctly removed two brothers as co-executors of their mother’s estate and replaced them with a disinterested third party. The “strife and conflict between the brothers[,]” resulting in their inability to agree on even the most trivial matters relating to estate administration, “is extensive and well-documented.” Disagreements Anthony and Irene Galiotos acquired many [[...]
Verdicts & Settlements
- Jury reaches defense verdict in $4M med mal action
- Dental hygienist tripped, fractured right wrist, foot — $190,000 settlement
- Couple contracted Hepatitis A after dining at restaurant — $5.5M settlement
- Elderly man suffers hip fracture after attack by neighbor’s dog — $350,000 settlement
- Motorcyclist injured when vehicle abruptly changed lanes — $300,000 verdict
- Passenger ejected from car in high-speed chase crash — $685,000 settlement
- Defense verdict reached in fraud suit
- 8-year-old killed in crash involving tractor-trailer — $1,100,000 settlement
- Plaintiff conceived child after vasectomy — $250,000 settlement
- Delay in diagnosis of ectopic pregnancy led to surgery — $283,432.18 settlement
- Golfer stepped in sinkhole, fractured ankle — $442,000 verdict
- Jury sides with woman injured in rear-end collision — $300,000 verdict
Viewpoint
- The promise and peril of artificial intelligence in patent law
- Keys to becoming an unfrazzled lawyer
- Confused about federal COVID-19 emergencies ending? You’re not alone
- Generative AI in law: New survey of lawyer perspectives and plans
- Four misconceptions about appeals
- Font choice exposes fabricated document
- USPTO launches first-time filer expedited exam pilot program
- In times of crisis, the ‘tug of war’ is over
- The ever-evolving Fourth Circuit
- Federal protections for pregnant, nursing employees coming
- It’s time for employers to embrace the ‘Big Quit’ and adapt
- Tell the whole truth? I’ll do better than that
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