Tag Archives: estate administration
Undue Influence in Virginia: Does the Undue Influencer Have to Be a Beneficiary?
Without question, one of the most common estate disputes we see centers around allegations that one person unduly influenced another person to write (or re-write) a will or trust. The typical situation involves an elderly person, no longer capable of living independently, who becomes increasingly reliant on another person for care and assistance. Under Virginia law, undue influence occurs when a testator’s free will is destroyed due to the influencer’s close relationship with the testator. This theory is one of the most common methods used to attack a will or trust. There are different ways to prove undue influence. Undue …
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The Role of the Commissioner of Accounts in Virginia Estate and Trust Administration
People typically picture the probate process going something like this: a person dies, you find their will, you take the will to the courthouse, the executor pays the debts, and then the executor distributes the assets. Of course, the process is much more complicated and time-consuming than that. Moreover, there are also multiple people involved in the process of administering an estate or testamentary trust. One of these critical people is the Commissioner of Accounts. If you are serving, or have served, as the executor or administrator of an estate in Virginia, you will no doubt have been in contact …
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