Record No: 161505 (As published by the Virginia Supreme Court) In two litigations raising the issue whether a decedent’s will and trust were the product of undue influence by his brother, the attorney who drafted the instruments, the widow’s claims are rejected. In the context of testamentary documents, a presumption of undue influence arises upon...
Record No: 161419 (As published by the Virginia Supreme Court) In an estates dispute in which a commissioner of accounts entertained a petition for aid and direction in the interpretation of the decedent’s will and the determination of heirs, and the commissioner’s reports were confirmed by the circuit court, the judgment is affirmed. Commissioners of...
Record No: 160500 (As published by the Virginia Supreme Court) In litigation concerning the real and personal property of a family matriarch which was transferred to one of her five children, the circuit court did not err in denying a summary judgment motion challenging the decedent’s capacity to convey to one of her daughters her...
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...
Case No: CL-2015-11379 In a suit by the beneficiary of an unfunded subtrust against the trustee of the primary trust for alleged mismanagement, the Court found that the beneficiary of the subtrust did not have standing to bring a direct action against the trustee of the primary trust and did not have the right to bring...
Record No: 150528 (As published by the Virginia Supreme Court) In an action for professional negligence/breach of contract brought by a party asserting it is a third-party beneficiary of the contractual relation between a testator and her counsel, seeking damages attributable to real property that – due to a drafting error – the will erroneously...
Record No: 141533 (As published by the Virginia Supreme Court) In a declaratory judgment suit by two sons seeking a determination that their conduct did not trigger a “no contest” clause in their father’s trust instrument, alleging that the trustee’s contrary decision was without authority, contrary to the purposes of the trust and an abuse...
Record No: 141159 (As published by the Virginia Supreme Court) In a widow’s “Complaint to Establish Copies of the Will and Trust Where Originals Cannot Be Located,” the trial court did not err when it ordered a photocopy of a will to be probated. The proponent of a missing will is not required to specifically prove...
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...
Record No: 130971 (As published by the Virginia Supreme Court) In ruling on a motion for aid and direction brought by the administrator of an estate, the circuit court erred in distributing the estate among the decedent’s paternal half-uncle and 14 maternal side collateral heirs. A correct application of the relevant statutory provisions separates the...
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The Law Office of George O. Peterson, PLC is a boutique litigation firm specializing in complex civil litigation involving trusts and estates, business matters, guardianships and conservatorships, and beneficiary designation disputes.
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