Virginia Refuses to Recognize Good Faith Exceptions to “No Contest” Clauses

Virginia has long recognized and enforced “no contest” clauses for Wills in probate, but the Court of Appeals of Virginia recently refused to adopt a good faith and probable cause exception to no contest clauses. No contest clauses are strict provisions designed to deter bitter family disputes during probate. This exception would allow a beneficiary
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Ask General Counsel: Online estate planning — you get what you pay for!

Published by Ask General Counsel on InsideNova, 1/12/2022 Image from Inside Nova In this edition of Ask General Counsel, the attorneys of General Counsel, P.C. discuss the risks of using online estate planning tools (and why you should work with an attorney). Estate planning is one of the most important things we can do to
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Online Estate Planning—You Get What You Pay For

Estate planning is one of the most important things we can do to ensure that our assets are protected after death, our loved ones are taken care of, and our wishes are carried out according to our specific instructions. With the advent of websites offering estate planning documents, many have come to rely on this
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Ask General Counsel: Estate planning lessons from Queen Elizabeth

Published by Ask General Counsel on InsideNova, 10/11/2022 Image from Inside Nova In this edition of Ask General Counsel, discusses estate planning lessons from Queen Elizabeth (and how her planning should be motivation for anyone that does not have a plan in place). Queen Elizabeth’s recent passing signals changes for the royal family. While most
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Court Refuses to Enforce Trust’s Arbitration Clause: A Trust is Not a Contract

The Virginia Supreme Court recently held in Boyle v. Anderson, that a Trust is not a contract.  Therefore, the Trustee could not enforce the arbitration clause against the Trust’s beneficiaries. For background, the Grantor, Strother R. Anderson, created an Irrevocable Trust to be divided among three (3) surviving family members upon his death. The Trust
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Ask General Counsel: Celebrity estate battle pits Anne Heche’s ex vs. her estranged son

Published by Ask General Counsel on InsideNova, 9/21/2022 Image from Inside Nova In this issue of Ask General Counsel, we discuss another lesson to be learned through celebrity estate mistakes. On Aug. 11, actress Anne Heche died unexpectedly at age 53 without a will or trust. She was taken off life support after only 48
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Ask General Counsel: Getting Divorced? Be Sure to Update Your Will, Trust and Estate Planning Documents.

Published by Ask General Counsel on InsideNova, 6/22/2022 Image from Inside Nova In this edition of Ask General Counsel, we discuss what happens to your estate plan (and what you should do) when you are getting divorced. Ask General Counsel is bi-monthly legal column by General Counsel, P.C., a law firm based in McLean that represents businesses,
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Have You Been Left Out? What Happens to Unintentionally Omitted Heirs

When writing a Will, sometimes heirs who are unknown to the testator during the time of drafting are unintentionally left out, or there was an error by estate planners in the drafting of the Will.  In this situation, a potential beneficiary could lose out on valuable assets, including but not limited to, real estate of
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So You’re Getting Divorced—What Happens to Your Estate Plan?

So You’re Getting Divorced—What Happens to Your Estate Plan?
The idea of filing for divorce may be overwhelming. Naturally, people may worry about finances, children, and where to live. On top of that, the actual process of filing for divorce may seem daunting. You probably already know how to get a family law attorney involved to assist you through the divorce process, but you
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Ask General Counsel: A legal game plan to protect your estate

Published by Ask General Counsel on InsideNova, 4/27/2022 Image from Inside Nova In this edition of Ask General Counsel, Ann-Marie Murzin, who leads General Counsel, P.C.’s Estate Planning Practice, discusses a legal game plan to protect and safeguard yourself and your family. Disability or Death:  Who will manage your money and affairs? There are several
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Supreme Court of Virginia Finds Beneficiaries of Estate Don’t Have Standing to Sue on Behalf of the Estate

Supreme Court of Virginia Finds Beneficiaries of Estate Don’t Have Standing to Sue on Behalf of the Estate
In a recent case, the Supreme Court of Virginia offered guidance about who has standing to sue on behalf of an estate. Here, the court confirmed that the personal representative, not the beneficiaries of an estate, is the proper party to litigate on behalf of the estate. Kittrell v. Fowler In Kittrell v. Fowler, Walter
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Your Game Is Not the Only Thing That Needs a Winning Strategy: Get a Legal Game Plan!

Your Game Is Not the Only Thing That Needs a Winning Strategy: Get a Legal Game Plan!
In sports and in business, success often brings significant monetary compensation. While this is a dream come true for most individuals, it is important to take the right steps to safeguard this hard-earned money. This article discusses a legal game plan to protect and safeguard yourself and your family: Your Off-Court or Off-Field Penalty: Taxes
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Wine and Trusts? Decanting Explained

Wine and Trusts? Decanting Explained
It may seem surprising to use a wine analogy to explain a legal concept, however, when discussing trust decanting, pouring wine is often a part of the conversation. When you take a bottle of wine and slowly pour the wine from the bottle into a different container, you are separating the wine from any sediments
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Ask General Counsel: How to Avoid Celebrity Estate Planning Mistakes

Published by Ask General Counsel on InsideNova, 1/26/2022 Image from Inside Nova In this edition of Ask General Counsel, Ann-Marie Murzin, who leads General Counsel PC’s Estate Planning Practice, discusses how to avoid celebrity estate planning mistakes.  Make sure that you are not making the same mistakes as these celebrities!   Lesson #1: Do Nothing – Prince,
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Estate Planning Checklist: A Guide to the 8 Most Important Estate Planning Documents

Whether you own a little or a lot, the last thing you want to do to your loved ones is leave a mess of paperwork and inaccessible online accounts if you become temporarily ill, incapacitated, or when you pass away. Without any estate planning, heirs may lose life insurance payouts, tax deduction advantages, or even miss accounts they did not
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Ask General Counsel: Do You Know What Your Estate Plan Actually Does?

Published by Ask General Counsel on InsideNova, 11/12/02021 Image from Inside Nova Deciding which family members will receive your assets upon death is one of the main considerations in estate planning. What happens to that adult child’s share named in the estate plan who predeceased their mother? Is the predeceased child’s share divided between the surviving siblings? Or,
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Estate Planning Survivorship Options 101: Do You Know What Your Estate Plan Actually Does?

Estate Planning Survivorship Options 101: Do You Know What Your Estate Plan Actually Does?
Deciding which family members will receive your assets upon death is one of the main considerations in estate planning. It is awkward to consider what would happen to an inheritance should one or more of your family members predecease you, or if one of your siblings predecease your parents. For example, if your mother leaves her
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Estate Planning Choices of 3 Legends & The Valuable Lessons They Can Teach Us

The unique estate planning experiences of legends can be valuable lessons for us:  First, Chadwick Boseman, who brought the Black Panther to the big screen among other notable works, had no estate plan. Walt Disney, who made us smile in so many ways from creating Mickey Mouse, and his other productions to the amazing theme
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Webinar: Estate Planning – 20 Most Common Questions Clients Ask About Estate Planning

Ann-Marie Murzin recently answered 20 Questions about Estate Planning in the “Do I Need a Will? Or a Trust? And What is Estate Planning?” webinar series with Merritt Green. During this 60-minute webinar, Ann-Marie covers basic estate planning concepts, she does a deep dive into specific scenarios where estate planning may be especially helpful, as
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6 Estate Planning Lessons to Take From a Grumpy Old Man

6 Estate Planning Lessons to Take From a Grumpy Old Man
Only about one year ago, Emmy Award winning actor Ed Asner, who passed away this week, recorded a witty interview on the Kelly Clarkson Show.  Asner, who often played the role of a grumpy old man was far from that in real life. In the movie Up, Asner channeled his empathy in scenes so relatable they make people laugh and cry
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