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Estate Conflicts Blog

Articles: 1-10 of 41

Prior Correspondence: A Key Tool in Preparing Your Estate Dispute Case for Trial

USA - August 21 2019 Technology, particularly relating to communication, is ubiquitous and ever-expanding in scope and ability. From text messaging to social media, there…

Matters of Style: Spouse’s Elective Share Suit Dismissed for Naming the Wrong Party

USA - January 14 2019 The identity of parties matters a great deal in litigation. The failure to sue the right person can have serious consequences. Even if a litigant has…

Virginia Supreme Court Clarifies Remedies In Power Of Attorney Lawsuits

USA - November 6 2018 The Virginia Supreme Court recently issued a ruling that clarifies that under the Virginia Uniform Power of Attorney Act, trial courts may award…

A Bewildering Bequest: The Supreme Court of Virginia Weighs in on the Meaning of a Will’s Residuary Clause

USA - October 1 2018 Most people are familiar with the basic contents of a will. Wills typically name an executor, order the payment of debts and expenses, and provide for…

Virginia Supreme Court Issues New Opinion on the Standard to Admit a Will to Probate

USA - August 15 2018 Last month, the Virginia Supreme Court handed down a ruling in an estate dispute that clarified the standard for admitting a will to probate, and…

Legislative Update: Virginia’s General Assembly Acts to Reduce Inconsistencies between Revocable Living Trusts and Wills

USA - July 17 2018 As more people elect to use revocable living trusts for estate planning purposes instead of traditional wills, the disposition of property will…

How to Disinherit a Child: 5 Tips to do so Successfully

USA - June 22 2018 This blog post discusses the steps that parents can take to disinherit a child and, in doing so, maximize their chances that their disinherited child…

Raise It or Waive It?: The Virginia Supreme Court Weighs in on When Parties in Estate Litigation Must Raise (or Waive) Testamentary Capacity/Undue Influence Claims

USA - May 8 2018 Imagine your aging, widowed mother (“Mother”) has dementia and moves into assisted living. You live about four hours away from Mother. Your sibling…

Who Would Inherit Luke Skywalker’s Estate?

USA - March 27 2018 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…

Doctors Notes for Will Signings: Should You Get One?

USA - March 5 2018 I recommend that before an ill or very elderly person signs a will (or trust), that the estate planning attorney obtain a note from a doctor as to the…