Tag Archives: Beneficiary Designation

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

By recent unpublished order in the matter of Harold v. Devening, Administrator of the Estate of Donald Wayne Ayers, the Virginia Supreme Court upheld a monetary judgment entered against a power of attorney agent for breach of fiduciary duty. The order provides an instructive analysis and look at the legal framework for a relatively common estate dispute scenario. The facts of the case were that the principal under the power of attorney (the person signing the power of attorney) (“Principal”) moved in with a family friend, Harold (“Agent”), about nine months before his passing. Principal passed away in 2013 with …

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Who Would Inherit the Emperor’s Estate?

As loyal readers of this blog know, our team has previously posted analyses of the fictional estates of the Star Wars universe (Han Solo, Darth Vader, Luke Skywalker). We now turn our attention to who would inherit Emperor Palpatine’s estate in light of the most recent Star Wars film The Rise of Skywalker. Spoiler Alert: (this post contains spoilers about the recent Star Wars film The Rise of Skywalker). Everyone thought that Emperor Palpatine (“Emperor”) died at the end of The Return of the Jedi when Darth Vader heroically sacrificed himself, on behalf of his imperiled son Luke, and threw …

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Who Would Inherit Luke Skywalker’s Estate?

Spoiler Alert:  This post contains spoilers about the recent Star Wars movie, The Last Jedi. At the climax of The Last Jedi, Luke Skywalker appears via Force Projection on the planet Crait to confront his nephew Kylo Ren and save the last of the Rebels.  Exhausted from appearing via Force Projection to ensure the escape of the Rebels, Luke Skywalker peacefully passes on and became one with the Force.  His Jedi robes gently collapse into a pile as we gaze to the broad and optimistic horizon ahead. As we ponder profound issues such as Rey’s parentage, Leia’s apparent Force ability, …

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Who Would Inherit Darth Vader’s Estate?

Who would be the beneficiary of the estate of Darth Vader? The answer is more than just an exercise in Star Wars fiction; in fact, the answer can teach us important lessons about estate disputes in our real world. In case you did not read my earlier blog post, in which I asked the same question about Han Solo’s estate, you can find that post here. Note: for those who are not familiar with Star Wars, yet who want to follow along with the discussion below, it’s important to known that Anakin Skywalker and Darth Vader are the same person (Anakin …

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

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 …

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The Fictional Fight Over Han Solo’s Estate

Who would be the beneficiary of the estate of Han Solo?  Star Wars is obviously a fictional universe, and there is no indication in Episode 7 (or any other canon material that I’m aware of) that speaks to whether Han Solo had a will or not. Nevertheless, it’s both fun and educational to analyze the answer, because if the same laws in effect in Virginia were in effect in the Star Wars universe, Han Solo’s death would likely have set off a wave of litigation among numerous characters in a galaxy far, far away. First, let’s consider what assets Han …

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

When important changes occur in life, it is advisable to reevaluate your estate planning to ensure it continues to meet the goals and objectives you have for your estate and your beneficiaries – and going through a divorce is no exception. In the Commonwealth of Virginia, the final decree of divorce automatically impacts certain limited aspects of estate planning but not all – and a separation – even a lengthy separation for many years – does not. Therefore it is important to note what relief is provided automatically by statute and when you must act to change your estate documents …

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