Hunter v. Hunter (March 12, 2020) In a beneficiary’s action seeking declaratory interpretation of two trust instrument provisions, the circuit court erred in granting the defendant trustee’s motion for summary judgment on her counterclaim on the basis that the plaintiff’s declaratory judgment action had violated the no-contest provision of the trust,...
MDE Law Group PLLC Epstein designated as Virginia Super Lawyer Rising Star for 2021
MDE Law Group PLLC Epstein has been designated as a Super Lawyer Rising Star for 2021 in the field of Estate and Trust Litigation in Virginia. Only 2.5% of attorneys in each state are selected to this list.
MDE Law Group PLLC Epstein recognized as Legal Elite
MDE Law Group PLLC Epstein has been recognized as one of the Virginia Business Legal Elite for 2020 in the field of Taxes/Estates/Trusts. According to Virginia Business:
“Launched in cooperation with the Virginia Bar Association, the Legal Elite polls lawyers licensed to practice in Virginia each year, asking them to identify...
New Laws in Virginia: Fiduciary Reporting and Accounting
This post is Part II in a series about new and revised laws passed by the Virginia General Assembly in their 2020 session that affect trust and estates and guardianships and conservatorships. Unless otherwise noted, each of these new laws come into effect on July 1, 2020.
Senate Bills...
New Laws in Virginia: The Uniform Partition of Heirs Property Act
This post is Part I in a series about new and revised laws passed by the Virginia General Assembly in their 2020 session that affect trust and estates and guardianships and conservatorships. Unless otherwise noted, each of these new laws come into effect on July 1, 2020.
The first...
Will Interpretation – Larsen vs. Stack
Larsen v. Stack May 28, 2020 In ruling on a declaratory judgment case requesting construction of a decedent’s will and a determination of the extent of his widow’s interest in his house and farm, the circuit court did not err in receiving parol evidence from the attorney who drafted the will, or...
Estate Litigation Fees – Harold v. Devening
This morning the Supreme Court of Virginia released an unpublished opinion in the matter Harold v. Devening, Record No. 181308 (April 23, 2020) regarding breach of fiduciary duty and estate litigation fees. A jury found that the fiduciary, Susan Herold, had taken advantage of the decedent while acting as his power...
TIPS ON WRITING A VIRGINIA WILL WITHOUT A LAWYER
The current state of affairs has caused more people to give serious thought to their estate planning. While lawyers are still open for business, now that Virginia is in lockdown, it will likely be difficult for the vast majority of people to meet with a lawyer in person. This article offers a...
Conveying Ownership Interests – Alexander v. Cobb
Alexander v. Cobb 02/27/2020 In an action for an accounting, partition, and related relief relating to the ownership interests of two siblings in three tracts of land formerly owned by a testator, the circuit court did not err in ruling that claim preclusion arising from two prior litigations bars the defendant...