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Tag Archives: Wills & Trusts

Will – Interpretation of Provision (access required)

Midgett v. O’Brien (VLW No. 017-8-110, 9pp.) (Lannetti, J.) Norfolk Cir.Ct. Case No. CL17-4956. Holding: Where the plaintiff-son and defendant-daughter dispute the terms of their mother’s will regarding a provision allowing the son to purchase his sisters’ shares of a ...

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Court OKs Minority Owner’s Pay, Distributions (access required)

A family business that operated a miniature golf course in Virginia Beach and whose majority owner died, cannot recoup “excessive compensation” paid to the minority owner, decedent’s son, who operated the business, says a Virginia Beach Circuit Court. The executor ...

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Former Attorney-in-Fact Hit With Sanctions (access required)

After imposing a constructive trust against a woman’s niece and former attorney-in-fact, who allegedly used the woman’s personal funds to pay for the niece’s home improvements and personal expenses, the Alexandria U.S. District Court grants summary judgment to plaintiffs, the ...

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Suit Not Estopped by Incapacity, But Sanctions Ordered (access required)

In this med-mal case with a “long and tortured procedural path” due to plaintiff’s counsel’s mixed signals about the elderly plaintiff’s personal capacity to sue and her lawyer’s filing of petitions for appointment of a guardian or conservator, and efforts ...

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Constructive Trust Imposed on Attorney-in-Fact (access required)

An Alexandria U.S. District Court imposes a constructive trust against a woman’s niece and former attor­ney-in-fact who allegedly used $573,729 of the woman’s personal funds to pay for home improvements and personal ex­penses; plaintiffs, the woman’s current attorneys-in- fact, have ...

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