Attorney at Yates Campbell & Hoeg LLP. 4165 Chain Bridge Road Fairfax, VA 22030 (703) 273-4230
Virginia Cases
In the recent case of Kim v. Kim, the Virginia Supreme Court addresses the "benefit" element of the test for presumed undue influence. The “benefit,” it seems, can be indirect; however, it must be “immediate,” “express,” or not too “uncertain and contingent.”
Virginia Cases
In Irving v. DiVito [http://www.courts.state.va.us/opinions/opnscvwp/1170071.pdf], the Virginia Supreme Court determined the circuit court did not err in refusing to admit to probate a writing offered as a holographic codicil. The writing at issue in Irving is clear about the intended dispositive
Virginia Cases
In Reineck v. Lemen, 792 S.E.2d 269 (Va. 2016), the Virginia Supreme Court interpreted a power of attorney to allow the agent thereunder to change the principal’s estate plan. The opinion is interesting for what it reveals about the granting of hot powers (powers that, by statute,
I have decided to change the direction of Estateography a bit. Future posts will involve more analysis of Virginia law. The first post in this new direction is here: http://ychlaw.com/thorsen-v-rspca-comments/.
The estate tax exemption amount is the amount that the federal government allows you to leave to your kids, grandkids, and people other than your spouse and charity without paying estate tax. In 2015, that amount is $5.43 million. The amount is indexed for inflation, so it goes up
Across history and cultures, people have been writing letters to descendants to share wisdom, preserve traditions, record family history, explain, and inspire. These letters have been called different things, but today they're most commonly known as ethical wills or legacy letters. And they still have an important role
Your executor will be responsible for dealing with your probate estate (i.e., the assets passing under your will) after your death. An executor’s responsibilities include things like finding and inventorying your assets (including the ones in your basement or attic), dealing with the clerk of the court and
When a person dies and has an estate that needs administration, a person has to qualify before the clerk of the court before he/she can do that administering. Being named in the will is not enough. Qualification is the process that gives a person legal authority to act as
Probate, Qualification, and Estate Administration Probate, technically, is the process by which a will is accepted as valid by a court (or the clerk of the court). The term is often used more loosely (as I will use it) to also encompass the qualification of the personal representative and the
Question: I qualified as an administrator of my aunt's estate. I don't want to be an administrator any more. What can I do? Answer: An administrator (or executor) can resign; however, resigning isn't as easy as qualifying. To resign, a personal representative needs the
Your browser is not able to display frames. Please visit the mind map: Modifying & Terminating Irrevocable Trusts under Virginias Trust Code by Alvi Aggarwal Yates Campbell & Hoeg LLPs Trust Code by Alvi Aggarwal Yates Campbell & Hoeg LLP [http://www.mindmeister.com/476000971/modifying-terminating-irrevocable-trusts-under-
Let’s start with some jargon. "Funding" a trust is what estate planning lawyers call the process of getting assets into a trust. When we say something is in a trust, owned by a trust, or funded to a trust, we're being a bit imprecise. Traditionally,