Category Archives: General
I Do…I Do…Wait, Did We?: The Virginia Supreme Court Weighs in on the Timing of Marriage Licenses and Ceremonies
Imagine you’ve thought you were married for a decade and all of a sudden your spouse denies that you were ever married at all. The Virginia Supreme Court (the “Court”) recently decided just such a case in Levick v. MacDougall. The central issue in that case was whether a married couple must first obtain a marriage license before “solemnizing” their marriage. The facts were straightforward: Richard and Deborah were “married” on December 21, 2002 at a celebration at Richard’s house with friends and family. The officiant, on the day of the “wedding”, discovered that Richard and Deborah had not obtained …
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Be Careful With That Power of Attorney!: Arbitration Clauses and Nursing Home Lawsuits
On May 15, 2017, the Supreme Court of the United States handed down its opinion in Kindred Nursing Centers, L.P. v. Clark. This case addressed the issue of whether an agent acting pursuant to a power of attorney could bind an estate to an arbitration agreement. The facts of the case were simple. Beverly and Janis, family members of Joe and Olive respectively, each held their family member’s respective power of attorney. Joe and Olive moved into a nursing home operated by Kindred Nursing Centers, L.P. (“Kindred”). Beverly and Janis used their family members’ powers of attorney to sign an …
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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
Back in the summer I wrote a post discussing the impacts of the Thorsen decision by the Supreme Court of Virginia. In Thorsen, a testator wanted to leave her estate to a charity if her daughter did not survive her. The lawyer erred in drafting the will. When the testator died several years later (with her daughter having predeceased her), the testator’s property went to other people, contrary to her intentions. The charity, the intended beneficiary, sued the lawyer, asserting breach of contract for legal services. Thorsen was notable in that it held that Virginia common law permits intended third …
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Left At The Altar?: Who Owns The Engagement Ring When Love Goes Wrong?
You’ve found the right partner; you’ve found the right ring; and your fiancee accepted. Now imagine your fiancee unexpectedly breaks off the engagement. You are devastated. Your friends tell you there are plenty of fish in the sea. You’ve returned her favorite CDs and she’s returned your college sweatshirt. But who keeps the engagement ring? The Virginia Supreme Court recently decided this very question in the case of McGrath v. Dockendorf, No. 160262, 2016 WL 7243097 (Va. 2016). In McGrath, Ethan proposed to his fiancee Julia with an impressive two-carat, $26,000.00 engagement ring. Julia accepted and took the ring. About …
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Risks to Estate Planning Attorneys in Light of the Thorsen Case
There are several things that all estate planning attorneys (and those who advise them) need to be aware of in light of the Virginia Supreme Court’s recent ruling in Thorsen v. Richmond Society For The Prevention Of Cruelty to Animals, No. 150528, 2016 WL 3131004 (Va. 2016). My colleague Brett Herbert provided a helpful summary of the Court’s ruling in Thorsen in a prior blog post, which can be accessed here. This post shares some tips on how estate planning attorneys can attempt to minimize their legal exposure in light of the Thorsen ruling. Estate planning attorneys would be wise to insert into …
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Tips For Successful Succession Planning
“Give me six hours to chop down a tree and I will spend the first four sharpening the axe.” ― Abraham Lincoln Your company is built to last. But when you are ready to step back and let go of the reins, will the next generation preserve your legacy? Many times my clients owning a closely-held company or family-owned business have shared with me their hope to ensure a successful transition at their company to future leaders. And as a litigator, too often I’ve seen shaky succession plans fall apart, forcing my clients to dismiss potential future leaders and reinsert …
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Welcome to the Estate Conflicts Blog!
Hello, and welcome to the newest blog from the law firm of LeClairRyan. My name is Will Sleeth and I serve as the editor of the blog. Joining me in writing for the blog will be several other attorneys from LeClairRyan who either focus a part of their practice on estate litigation, or focus on areas of the law that intersect with estate litigation (such as estate planning, family law, etc.). This blog is dedicated to all things relating to estate conflicts. It will focus on topics such as will disputes, trust disputes, elder law disputes, and guardianship disputes. We …
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