GRSM Estate Conflicts Blog | Blog Big Texts

March 2025

Kositzka v. Fick: Key Lessons on Trustee Fiduciary Duty in Virginia Trusts

January 2025

The Quintessential Dynamics of Estate Disputes: Navigating Conflicts Between Rival Siblings

September 2024

Ambiguity in Real Property Provisions in Virginia Wills

August 2024

Virginia Does Not Recognize the “Good Faith Exception” for No Contest Clauses

April 2024

The Burden of Proof When Using the Alternative-Pleading Model in Hunter v. Hunter

December 2023

Where to Search for a Missing Will

June 2023

Virginia’s Harmless Error Rule May Permit a Will that Doesn’t Meet the Conventional Formalities to be Probated

March 2023

Appeals from the General District Court

February 2023

Statute of Limitations for Breach of Fiduciary Duty Actions

December 2022

2022 Year in Review for Trust and Estate Disputes

August 2022

Legal Standing to Contest Inter Vivos Transactions in Virginia

May 2022

Virginia Has A New Standard For Undue Influence In Will Contest Cases

April 2022

When Does a Trust Become Irrevocable? At the Settlor’s Death, or Upon the Settlor’s Loss of Capacity? Hunter v. Hunter’s Discussion of the Concept

February 2022

Must a Will/Codicil be Signed? Virginia Court Finds an Unsigned Codicil to be Valid

January 2022

More Lawsuits Coming?: Virginia’s General Assembly Increases the Jurisdictional Limits in Virginia’s General District Courts for Certain Personal Injury Claims

November 2021

No Contest Clauses and Challenges to Beneficiary Designations, Account Titlings, Gifts, or Powers of Attorney: Hunter v. Hunter’s Discussion of the Concept

September 2021

The Supreme Court of Virginia Hands Down a New Decision on the Applicability of a No Contest Clause in a Trust

June 2021

Trustee Accounting Requirements and Duties in Virginia: Hunter v. Hunter’s Discussion of the Concept

December 2020

“Gift Over” and No Contest Clauses: Hunter v. Hunter’s Discussion of the Concept

August 2020

A Life Estate or Something Else? The Virginia Supreme Court Adds Some Clarity on the Creation and Scope of Life Estates in Virginia

July 2020

No Contest Clauses Protecting Fiduciary Misconduct: Hunter v. Hunter’s Discussion of the Concept

May 2020

Virginia Supreme Court Upholds Judgment Against Power of Attorney Agent for Breach of Fiduciary Duty

April 2020

Who Would Inherit the Emperor’s Estate?

April 2020

No Contest Clauses Are Strictly Construed: Hunter v. Hunter’s Discussion of the Concept

April 2020

Virginia Supreme Court Issues Significant New Decision on No Contest Clauses (Hunter v. Hunter)

January 2020

Estate Litigation Predictions for 2020

November 2019

Public Policy Limits on Wills – May a Will Condition a Bequest on a Beneficiary’s Obtaining a Divorce?

October 2019

Virginia Supreme Court Issues New Ruling Regarding Commissioner of Accounts

August 2019

Prior Correspondence: A Key Tool in Preparing Your Estate Dispute Case for Trial

July 2019

What Happens When a Will’s Language is Inconsistent with the Titling of an Account Held with Survivorship?

June 2019

Recovering Attorney’s Fees in Power of Attorney Litigation: Virginia General Assembly Passes New Law Permitting the Recovery of Fees

April 2019

Jury Instructions on Undue Influence: Virginia Supreme Court Clarifies the Law

January 2019

Matters of Style: Spouse’s Elective Share Suit Dismissed for Naming the Wrong Party

November 2018

Virginia Supreme Court Clarifies Remedies In Power Of Attorney Lawsuits

October 2018

A Bewildering Bequest: The Supreme Court of Virginia Weighs in on the Meaning of a Will’s Residuary Clause

August 2018

Virginia Supreme Court Issues New Opinion on the Standard to Admit a Will to Probate

July 2018

Legislative Update: Virginia’s General Assembly Acts to Reduce Inconsistencies between Revocable Living Trusts and Wills

June 2018

How to Disinherit a Child: 5 Tips to do so Successfully

May 2018

Raise It or Waive It? When Parties in Estate Litigation Must Raise (or Waive) Testamentary Capacity/Undue Influence Claims

March 2018

Who Would Inherit Luke Skywalker’s Estate?

March 2018

Doctors Notes for Will Signings: Should You Get One?

February 2018

Undue Influence in Virginia: Does the Undue Influencer Have to Be a Beneficiary?

January 2018

4 Estate Litigation Predictions For 2018

December 2017

The Role of the Commissioner of Accounts in Virginia Estate and Trust Administration

November 2017

I Do…I Do…Wait, Did We?: The Virginia Supreme Court Weighs in on the Timing of Marriage Licenses and Ceremonies

October 2017

Alan Thicke Estate Dispute Highlights Pre-litigation Threats

August 2017

Virginia Supreme Court Issues New Estate Dispute Opinion

August 2017

Legal Malpractice Claims Against Estate Planning Attorneys in Virginia: Post-Thorsen Legislation

June 2017

Be Careful With That Power of Attorney!: Arbitration Clauses and Nursing Home Lawsuits

May 2017

Trust Decanting Disputes

May 2017

Trustee Removal Lawsuits: An Overview

March 2017

Practical Tips Regarding Oral Contracts to Make Wills

March 2017

UPDATE: Can an Intended (and Disappointed) Beneficiary Still Sue a Will’s Drafter?: The General Assembly of Virginia Enacts a Statutory Fix to the Thorsen Decision

February 2017

Oral Contracts to Make Wills

January 2017

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

January 2017

Left At The Altar?: Who Owns The Engagement Ring When Love Goes Wrong?

December 2016

Top Four Estate Disputes from 2016

December 2016

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

November 2016

A Post-Mortem, Spousal Surprise: Can My Husband Write Me Out of His Will?

November 2016

Do It Yourself Wills: Will They Lead to More Litigation?

October 2016

Guardianship Petitions by Long Term Care Facilities

September 2016

Who Would Inherit Darth Vader’s Estate?

August 2016

Recognizing Signs of Elder Abuse (and Traits of Elder Abusers)

July 2016

Risks to Estate Planning Attorneys in Light of the Thorsen Case

July 2016

Unfulfilled Expectations: May an Intended (and Disappointed) Beneficiary Sue a Will’s Drafter?

June 2016

Virginia Supreme Court Issues New Ruling Regarding Guardianship Orders

May 2016

Misconduct Remedies Against an Agent Under a Power of Attorney

May 2016

3 Strange Things About Prince’s Estate

April 2016

Duties of an Agent Under a Power of Attorney

April 2016

The Rise of Litigation Involving Trust Protectors

March 2016

Guardianships for Disabled Young Adults

March 2016

4 Steps To Take If An Estate Dispute Is Brewing

February 2016

The Fictional Fight Over Han Solo’s Estate

January 2016

“No Contest” Clauses Part 3: The Rafalko Dissenting Opinions

January 2016

“No Contest” Clauses Pt. 2: The Rafalko Majority Opinion

November 2015

Yes, Virginia, There Is A “No Contest” Clause

November 2015

Top 10 Ways To Be Disinherited (And How To Avoid That) (Part 2)

October 2015

Top 10 Ways To Be Disinherited (And How To Avoid That) (Part 1)

September 2015

Reptile Theory and Estate Litigation

August 2015

Confronting Caretaker Abuse & Misconduct

July 2015

Lost Wills: What To Do When The Original Can’t Be Found

June 2015

Virginia Supreme Court Issues New Ruling Regarding Missing Wills

June 2015

Till Death Do Us Part. . . or at Least Until the Divorce Becomes Final

June 2015

Tips For Successful Succession Planning

June 2015

B.B. King’s Estate: Murder Allegations and the Slayer Rule

May 2015

The Ernie Banks Will Dispute Highlights Potential Concerns About Caregivers

May 2015

Daubert In Virginia State Court: Where Do Things Stand Now?

April 2015

Use Checklists to Avoid a Will Dispute

April 2015

Ruling Highlights the Need for Testamentary Intent for Holographic Codicil

April 2015

Trustees Should Avoid Bitcoin

March 2015

Robin Williams Trust Dispute Highlights Importance of Precise Drafting

March 2015

New Ruling Has Implications for Expert Witnesses in Estate Litigation Matters

March 2015

Recognizing Signs of Undue Influence

February 2015

Why You Should Avoid Filming a Will Signing

February 2015

Waiting for Atticus Finch

January 2015

Why a Guardianship Proceeding Could be a Precursor to a Will Change

January 2015

Using “Nonmarital Child” Instead of “Illegitimate Child”

January 2015

Perfect Estate Plans (On Paper) Can Still Lead to Litigation

January 2015

How To Snoop On An Agent’s Actions Under a Power of Attorney

January 2015

New Law Enables Possible Recovery Of Attorney’s Fees On Grounds Of Undue Influence

January 2015

Welcome to the Estate Conflicts Blog!