Author Archives: Will Sleeth
4 Estate Litigation Predictions For 2018
The new year is a good time to look ahead at what trends we may expect to see in the area of estate litigation in 2018. I have 4 predictions. #1: The Volume Of Estate Litigation Will Continue To Increase We are very likely to see an increase in the volume of estate litigation in 2018. There are many reasons for this. First, our society is increasingly aging, and with more elderly people passing away each year, the scope of potential estates and trusts that could give rise to litigation increases. Second, more money is being passed down via inheritance …
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Virginia Supreme Court Issues New Estate Dispute Opinion
Back in June of this year, the Virginia Supreme Court handed down a ruling in an estate dispute case that, while it didn’t particularly break new legal ground, provides a helpful overview of the current state of Virginia law regarding Virginia’s Slayer Statute as well as claims contesting a deed of gift on the basis of undue influence. In Gelber v. Glock, 293 Va. 497 (2017), the Virginia Supreme Court reviewed rulings of the trial court in a case involving allegations by several of the decedent’s children that, among other things, their sister wrongfully induced their mother to execute a …
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Legal Malpractice Claims Against Estate Planning Attorneys in Virginia: Post-Thorsen Legislation
The legal landscape in Virginia regarding claims for legal malpractice against estate planning attorneys changed significantly this past year when the Virginia General Assembly adopted legislation to address the issues raised in the Virginia Supreme Court’s Thorsen decision. This blog post discusses some implications of, and observations about, the new legislation, which was adopted as Virginia Code Section 64.2-520.1. My colleague Brett Herbert did a great job summarizing the terms of the new statute itself, in his earlier blog post on this issue (which can be found here). Implication #1 First, Section 64.2-520.1(B) provides that only a personal representative can bring …
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Trust Decanting Disputes
As trust decanting becomes increasingly popular, we can expect to see more disputes and litigation regarding trust decanting. This blog post examines some of the main issues that will likely arise in those disputes. First, what is trust decanting? The Uniform Law Commission states: “’Decanting’ is the term used to describe the distribution of assets from one trust into a second trust, like wine is decanted from the bottle to another vessel. Decanting can be a useful strategy for changing the outdated terms of an otherwise irrevocable trust, but can also be abused to defeat the settlor’s intent.” Essentially, decanting …
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Trustee Removal Lawsuits: An Overview
How can a person remove a trustee of a trust? Depending on the language of the trust, there could be several ways. This blog post summarizes some of the options, and provides an overview of things to consider when a person wants to remove a trustee. First, the terms of the trust itself may provide procedures for the removal of a trustee. Oftentimes, comprehensively-drafted trust instruments will contain specific procedures whereby beneficiaries or a beneficiary may remove a trustee. Those procedures could require a specific reason for the trustee removal (such as misconduct on the part of the trustee) or …
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B.B. King’s Estate: Murder Allegations and the Slayer Rule
Two of B.B. King’s children have recently alleged that King’s business manager and personal assistant poisoned him prior to his death on May 14, 2015. The allegations surrounding the blues legend’s death implicate the slayer rule: a rule in the vast majority of states that provides that if a person is convicted of murdering a testator (the person who executed a will), the murderer cannot inherit any portion of the testator’s estate, but rather is deemed to have predeceased the testator for purposes of the distribution of the testator’s estate.
Robin Williams Trust Dispute Highlights Importance of Precise Drafting
It’s unlikely that the late comedian Robin Williams would be laughing at the current dispute involving his family members. A dispute over the interpretation of certain language in his trust – pitting his widow Susan against his three children – is currently in litigation in Superior Court in Marin County, California. CNN.com Reports: Specifically, there’s one paragraph about certain items of Williams’ property that his beneficiaries have made into a tricky semantics debate. The paragraph assigns to Williams’ children all of his “clothing, jewelry, personal photos taken prior to his marriage to (Susan) … memorabilia and awards in the entertainment …
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