Imagine the following scenario. Your elderly mother, your only surviving parent, wants to have a discussion with you about her estate plan. She shows you her will and explains her intentions. You look at the will and it seems to make sense. She tells you she is leaving her estate to you upon her death. She even provides you with a copy of her will and tells you where the original is. You feel peace of mind knowing that your mother’s estate is (or should) be in order.
A short time later, your mother dies. You have no idea what to do next so you take your mother’s will to a local attorney. The attorney looks it over and informs you, with great regret, that her will leaves you nothing, or substantially less than your mother had told you it would. Your mother’s estate is instead going to some person you do not even know. You know this is not what your mother wanted. Is there anything you can do?
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A recent Virginia Supreme Court case highlights the importance of using precise language in an order appointing a guardian, as well as ensuring that when a guardian files suit on behalf of
In a prior blog post, I discussed the 
There are several unusual factors at play in the drama that is unfolding surrounding 
Many average people are named as agents under a power of attorney for a family member or friend, and most have little to no idea what they are getting themselves into. Many people also are aware of the fact that a relative may serve as agent under a power of attorney for a family member or friend, and may be ignorant of how much financial mischief that person could commit with that authority. This blog post outlines the duties of an agent under a power of attorney. I will follow-up this blog post with another post in the coming weeks that discusses what remedies people have against an agent under a power of attorney for misconduct.
Disputes involving trust protectors are increasing in number and will likely only further increase in number in the coming years. This blog post discusses what a trust protector is, whether trust protectors owe fiduciary duties (and to whom), and why litigation involving trust protectors is likely to increase in the future.
Consider a common situation: Mom and Dad care for their severely disabled child, who is quickly approaching 18 years of age. Let’s call this hypothetical soon-to-be adult Jane. Jane has suffered from severe autism her whole life. She has been in special education throughout her entire school career and requires specialized and frequent medical care. Jane will never be able to live on her own or manage her finances. Jane’s parents will care for her indefinitely. Jane’s parents wonder if they need legal assistance to plan for Jane’s transition to adulthood.
If an estate dispute is brewing (but is not yet in litigation), there are several important steps that people can take to maximize their odds of success if the matter proceeds to litigation.
This is the third in a three-part series of blog posts on “no contest” clauses. In this post, I’ll discuss some of the key points in the dissenting opinions in the recent Virginia Supreme Court ruling in the 
