After an accident in Virginia caused you serious harm, you want the information you need to fight back against the person who hurt you. In this blog, Henrico County brain injury attorney Kevin Mottley gives you the information and insight you need to help you sleep better at night with a better understanding of the details behind your case.
Do You Need To Contest A Will In Virginia Or Speak To An Estate Law Lawyer Regarding A Will, Trust Or Estate Dispute?
When a person dies, or even before dying, their wealth is placed into the hands of someone, such as a trustee or an executor. This entity has a fiduciary duty to manage the wealth properly and to make sure it’s given at the appropriate time to the beneficiaries who were entitled to receive it as part of their inheritance.
However, sometimes, these people don’t fulfill these duties. When that happens, it’s necessary to have an experienced estate law attorney take action in court. The passion of The Mottley Law Firm is to protect the legal rights of our clients throughout Virginia, and we want to hear from you. Contact us online or call or Richmond, Virginia office directly at (804) 409-0876.- Page 1
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SCOVA Confirms: Parties Cannot Compel Arbitration of Trust DisputesA recent decision by the Supreme Court of Virginia held that neither the Federal Arbitration Act nor the Virginia Uniform Arbitration Act...
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At SCOVA, A Trust Dispute Runs Into An Appellate PitfallA trust's no-contest clause can apply to a settlor if he is also a beneficiary. But, in this case, an unappealed ruling established the "law of the case" and rendered that determination hollow.
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You Could Be Exempt From Attorney's Fees by Virginia Law. We Explain How You Could Recover Your PaymentsUnder the "American rule," litigation parties usually pay their own attorney's fees. We can explain how Virginia law recognizes several exceptions.
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SCOVA Holds That Estate Beneficiaries Lack Standing To SueIn Platt v. Griffith, the Supreme Court of Virginia reiterates its longstanding rule that only personal representatives can sue on behalf of an estate.
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How Do I Remove a Trustee in Virginia?Virginia law establishes how, and under what circumstances, the trustee of a trust may be removed and replaced with a substitute trustee.
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The Attorney-Client Privilege in Estate and Trust DisputesIn Virginia estate disputes, a testator's communications with an estate planning lawyer fall under the "testamentary exception" to the attorney-client privilege
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What is a Commissioner of Accounts in Virginia?In Virginia, circuit courts appoint Commissioners of Accounts to supervise court-appointed fiduciaries, like executors, administrators, & conservators. Learn More.
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Is a provision in a trust agreement requiring arbitration of trust disputes enforceable?In a recent decision, the Fairfax County Circuit Court rejected the enforcement of an arbitration clause in a trust agreement.
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Can You Probate a Lost Will in Virginia?Get guidance on the process of a lost Virginia will after a testator's death. It can still be admitted to Virginia probate. Call today.
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Avoiding No-Contest Clauses in Wills and TrustsIn Hunter v. Hunter, the Supreme Court of Virginia endorsed a two-step method for avoiding harsh consequences of "no-contest" clauses in wills and trusts.
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Sweet Briar College's Ban on a Student Led T-Shirt Sale Reveals the School's Misunderstanding of its Duties as a Trustee of a Virginia TrustBy banning a t-shirt campaign being done by a business class of Sweet Briar College students, the College reveals its misunderstanding of trustee duties.
