Author Archives: Will Sleeth

Will Sleeth

About: Will Sleeth

Will Sleeth serves as the editor of the Estate Conflicts blog, and is the leader of the firm’s Estate and Trust Litigation practice area team, a nationwide team composed of over a dozen attorneys focusing on disputes involving wills, trusts, guardianships, conservatorships, powers of attorney, and elder law matters. Primarily based out of the firm’s Williamsburg and Richmond offices, Will represents clients all throughout Virginia and the nation.

Alan Thicke Estate Dispute Highlights Pre-litigation Threats

Actor Alan Thicke – best known for his role on the TV show Growing Pains – passed away at the end of 2016, leaving behind a dispute between two of his sons and his third wife. Recently, Thicke’s two sons (Robin Thicke and Brennan Thicke) filed a petition in California state court, seeking a ruling that a premarital agreement between their father and his third wife (Tanya Callau Thicke) be declared valid. Tanya Thicke moved to dismiss the petition, claiming that she did not intend to contest the validity of the premarital agreement. The sons argued that Tanya Thicke had previously indicated …

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Posted in Celebrity Estate Disputes, Premarital Agreement Disputes \ Comments Off on Alan Thicke Estate Dispute Highlights Pre-litigation Threats

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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Posted in Court Opinions, Elder Abuse, Undue Influence \ Comments Off on Virginia Supreme Court Issues New Estate Dispute Opinion

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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Posted in Court Opinions, New Laws, Preventing Disputes \ Comments Off on Legal Malpractice Claims Against Estate Planning Attorneys in Virginia: Post-Thorsen Legislation

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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Posted in Fiduciary Duties, Trust Decanting, Trust Disputes \ Comments Off on Trust Decanting Disputes

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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Posted in Fiduciary Duties, Trust Disputes, Trust Protectors \ Comments Off on Trustee Removal Lawsuits: An Overview

Practical Tips Regarding Oral Contracts to Make Wills

This blog post is part 2 of the series on oral contracts to make wills, and this post contains several practical tips for how a person can optimize his chances of winning a claim for breach of an oral contract to make a will. In part 1 of the series, I provided an overview of the law in Virginia concerning oral contracts to make wills, whereby a testator (the person making the will) enters into a contract with another person, with the testator agreeing to provide for him in his will, in exchange for the other party doing something for …

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Posted in Contract to Make a Will, Preventing Disputes, Will Disputes \ Comments Off on Practical Tips Regarding Oral Contracts to Make Wills

Oral Contracts to Make Wills

The vast majority of people have no idea that Virginia law recognizes oral contracts to make a will. As a result, people often miss out on asserting a claim to an inheritance because they didn’t know that they had one to begin with. This blog post provides an overview of Virginia law on this issue. I’ll follow-up this blog post with another one in the coming weeks about practical tips for how people can optimize their chances of winning on a claim for an oral contract to make a will. Virginia has long enforced contracts to make a will, whereby …

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Posted in Contract to Make a Will, Preventing Disputes, Will Disputes \ Comments Off on Oral Contracts to Make Wills

10 Arguments Against Pre-Death (Antemortem) Probate and Will Contests

There are a handful of states that allow a person to probate a will (and challengers to contest the validity of a will) before the testator (the person enacting the will) dies. In recent years, there has been a trend to expand the practice to more states. I had an interesting discussion about this issue at the recent Heckerling conference, and I wrote this blog post to discuss why I think the practice is a bad idea. First, some background: pre-death probate (also known as antemortem probate) is only permitted in a handful of states (including Ohio, Arkansas, North Dakota, and …

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Posted in New Laws, Preventing Disputes, Will Disputes \ Comments Off on 10 Arguments Against Pre-Death (Antemortem) Probate and Will Contests

Top Four Estate Disputes from 2016

With the end of 2016 upon us, now is a fitting time to look back at some of the top estate disputes from this past year. 2016 was a typical year in that, unsurprisingly, people continued to die and families continued to fight over estates. The following are some of the major estate disputes that graced the headlines this past year. Note that this is just a sample of some of the major ones; there were several rather prominent ones this past year that I’m unable to write about, whether because I or my colleagues at LeClairRyan represented parties in …

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Posted in Celebrity Estate Disputes, Disinheriting Family Members, Elective share, Preventing Disputes \ Comments Off on Top Four Estate Disputes from 2016

Changes To Elective Share Law in Virginia Will Lead To More Litigation

The Virginia General Assembly overhauled Virginia’s elective share statute this past year, and one of the big results will likely be an increase in litigation. My colleague Brett Herbert recently wrote a blog post summarizing some of the more significant changes in the elective share framework that go into effect on January 1, 2017 (that post can be accessed here). This post focuses on a specific change that adds a time requirement in which a surviving spouse asserting a claim for the elective share must file a lawsuit to determine the elective share. Under the prior Virginia law, when a surviving …

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Posted in Disinheriting Family Members, Elective share, Will Disputes \ Comments Off on Changes To Elective Share Law in Virginia Will Lead To More Litigation