Davis v. Davis

December 6, 2019

Record No: 181192 Davis v. Davis 12/05/2019 (as published by the Virginia Supreme Court) In a suit for aid and direction concerning the validity of transfers of personal and real property shortly before the death of the gravely ill and hospitalized decedent, the circuit court erred in holding that the decedent’s mother, as attorney-in-fact under a written power of attorney document, had authority to execute the transfers – which gifted all of the decedent’s real and personal property to herself and her surviving children – and such transfers were invalid. The judgment is reversed and vacated, and the case is remanded for the circuit court to address the remaining issues regarding the interpretation of the decedent’s will, and the proper distribution of his property pursuant to the terms of the will.

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