Record No: 151917 (As published by the Virginia Supreme Court) In a suit by the heirs of a deceased wife against the attorney-in-fact and co-trustees for the deceased husband, the husband’s power of attorney instrument expressly authorized the creation of inter vivos trusts and gifts to his children. It also authorized the designation of a...
Record No: 140112 (As published by the Virginia Supreme Court) In an appeal relating to disposition of shares of stock in a family held business, the shares held by the mother of the principal litigants, which would otherwise be conveyed to an inter vivos trust under a pour-over provision in her will, must instead be...
The child of settlor of inter vivos trust filed action in state court against trustee and beneficiaries of trust to invalidate trust. Defendants removed action on diversity grounds. The Court, sua sponte, considered whether so-called probate exception operated to negate subject matter jurisdiction and require remand. It found that the exception did not apply because...
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