Kim v. Kim is about the “benefit” required to establish a presumption of undue influence in the testamentary context.
At the time of his death, Scott Kim was married to Lili Kim. He had two children from a prior relationship.
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Irving v. DiVito: Clear Wishes, but Not A Codicil
In Irving v. DiVito, 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
Reineck v. Lemen and Virginia Powers of Attorney
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
Changing Directions
What’s a Credit Shelter Trust? Portability?
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
What's a Credit Shelter Trust? Portability?
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
Legacy Letters And Ethical Wills
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
Who Should I Name As My Executor?
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),
Whether to Qualify as Executor or Administrator of a Virginia Estate
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
What Is Probate? What Should I Do about It?
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
Resigning as Administrator or Executor of a Virginia Estate
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