Wills Trusts And Fiduciaries
Virginia 2025 Regular Session
Uniform Electronic Estate Planning Documents Act; permits electronic nontestamentary estate docs. [HB-1013]
[Technology and Innovation ]
[Data Privacy ]
Uniform Electronic Estate Planning Documents Act. Permits electronic nontestamentary estate planning documents, defined in the bill as certain enumerated records relating to estate planning that are readable as text at the time of signing and are not wills or contained in wills, to be signed and notarized, as appropriate, by electronic means. The bill provides that such electronic nontestamentary estate planning documents shall not be denied legal effect or enforceability or excluded as evidence in a proceeding solely because such documents are
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Sponsored by: Rep. Nadarius Clark
Left In Courts Of Justice on 11/18/2024
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Gettr Virginia 2025 Regular Session
Guardianship and conservatorship; duties and powers of guardian and conservator. [SB-293]
[Senior Citizens ]
[Disabilities ]
[Law Enforcement ]
[Public Safety ]
Guardianship and conservatorship; duties and powers of guardian and conservator; self-dealing prohibited. Provides that a guardian and conservator shall avoid all conflicts of interest and self-dealing, including all appearances of conflicts of interest and self-dealing, when addressing the needs of the incapacitated person to whom the guardian or conservator owes a fiduciary duty. The bill provides that a conflict of interest arises when the guardian or conservator has a personal or agency interest that can be perceived as self-serving or adverse
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Sponsored by: Sen. Danica Roem
Left In Courts Of Justice on 11/19/2024
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Virginia 2024 Regular Session
Powers of attorney, certain; transfer on death deeds. [SB-471]
[Real Estate ]
Certain powers of attorney; transfer on death deeds. Provides that an agent under a power of attorney shall not have the authority to create, change, or revoke a transfer on death deed unless specifically granted the power to create or change a beneficiary designation as otherwise provided by law.
Sponsored by: Sen. Mark Obenshain
Governor: Acts Of Assembly Chapter Text (chap0355) on 04/02/2024
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Virginia 2024 Regular Session
Permissible venue; personal injury and wrongful death actions, appointment of administrator. [HB-779]
[Law Enforcement ]
[Public Safety ]
[Crime ]
[Criminal Justice ]
Permissible venue; personal injury and wrongful death actions; appointment of administrator on behalf of estate of decedent. Provides that in a personal injury or wrongful death action in which an administrator is appointed on behalf of the estate of a decedent, permissible venue shall lie only in a county or city in which venue would have been properly laid if the person for whom such appointment is made had survived.
Sponsored by: Rep. Katrina Callsen
Governor: Acts Of Assembly Chapter Text (chap0050) on 03/08/2024
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Virginia 2024 Regular Session
Guardianship and conservatorship; restoration or modification or termination of order. [HB-786]
[Senior Citizens ]
[Disabilities ]
[Law Enforcement ]
[Mental Health ]
[Healthcare ]
[Human Services ]
Guardianship and conservatorship; restoration of capacity or modification or termination of order; informal written communication. Allows a person subject to a guardianship or conservatorship who is not represented by counsel to initiate the process to be restored to capacity or have such guardianship or conservatorship modified or terminated by sending informal written communication to the court, in lieu of the petition requirement specified under current law. Guardianship and conservatorship; restoration of capacity or modification or termination
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Sponsored by: Rep. Patrick Hope
Governor: Acts Of Assembly Chapter Text (chap0820) on 04/17/2024
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Virginia 2024 Regular Session
Uniform Electronic Estate Planning Documents Act; permits electronic nontestamentary estate docs. [HB-1013]
[Technology and Innovation ]
[Data Privacy ]
Uniform Electronic Estate Planning Documents Act. Permits electronic nontestamentary estate planning documents, defined in the bill as certain enumerated records relating to estate planning that are readable as text at the time of signing and are not wills or contained in wills, to be signed and notarized, as appropriate, by electronic means. The bill provides that such electronic nontestamentary estate planning documents shall not be denied legal effect or enforceability or excluded as evidence in a proceeding solely because such documents are
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Sponsored by: Rep. Nadarius Clark
Continued To 2025 In Courts Of Justice By Voice Vote on 02/02/2024
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Virginia 2024 Regular Session
Court-appointed guardians; training, powers and duties. [SB-291]
[Senior Citizens ]
[Human Services ]
[Disabilities ]
[Law Enforcement ]
[Public Safety ]
[Children and Youth ]
Department for Aging and Rehabilitative Services; training; powers and duties of guardian; annual reports by guardians; information required. Directs the Department for Aging and Rehabilitative Services to develop and provide training for court-appointed guardians by July 1, 2025. The bill requires a court-appointed guardian and any skilled professional retained by such guardian to perform guardianship duties to complete the initial training developed by the Department within four months after the date of qualification of such guardian. Under the
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Sponsored by: Sen. Danica Roem
Governor: Acts Of Assembly Chapter Text (chap0587) on 04/05/2024
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Virginia 2024 Regular Session
Guardians and conservators; order of appointment and certificate of qualification, annual report. [SB-290]
[Senior Citizens ]
[Children and Youth ]
[Disabilities ]
[Law Enforcement ]
Guardians and conservators; order of appointment and certificate of qualification; annual report. Requires a petitioner to file with a petition for the appointment of a guardian, a conservator, or both a cover sheet on a form prepared by the Office of the Executive Secretary of the Supreme Court of Virginia. The bill requires a guardian to file an initial annual report reflecting the first four months of guardianship since qualification within six months of the date of qualification and to file the second and each subsequent annual report for each
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Sponsored by: Sen. Danica Roem
Governor: Acts Of Assembly Chapter Text (chap0156) on 03/26/2024
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Virginia 2024 Regular Session
Guardianship and conservatorship; report of guardian ad litem. [SB-292]
[Senior Citizens ]
[Children and Youth ]
[Disabilities ]
[Human Services ]
[Law Enforcement ]
Guardianship and conservatorship; report of guardian ad litem. Adds to the considerations regarding the suitability and propriety of a prospective guardian or conservator that a guardian ad litem is required to address in his report to the court following a petition for guardianship or conservatorship. The bill provides that the guardian ad litem shall consider the prospective guardian's or conservator's work as a professional guardian, including whether the person does so on a full-time basis, the prospective guardian's or conservator's expected
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Sponsored by: Sen. Danica Roem
Governor: Acts Of Assembly Chapter Text (chap0588) on 04/05/2024
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Virginia 2024 Regular Session
Guardianship and conservatorship; duties and powers of guardian and conservator. [SB-293]
[Senior Citizens ]
[Disabilities ]
[Law Enforcement ]
[Public Safety ]
Guardianship and conservatorship; duties and powers of guardian and conservator; self-dealing prohibited. Provides that a guardian and conservator shall avoid all conflicts of interest and self-dealing, including all appearances of conflicts of interest and self-dealing, when addressing the needs of the incapacitated person to whom the guardian or conservator owes a fiduciary duty. The bill provides that a conflict of interest arises when the guardian or conservator has a personal or agency interest that can be perceived as self-serving or adverse
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Sponsored by: Sen. Danica Roem
Continued To 2025 In Courts Of Justice (12-y 0-n) on 02/05/2024
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Virginia 2024 Regular Session
Permissible venue; personal injury and wrongful death actions, appointment of administrator. [SB-138]
[Law Enforcement ]
[Public Safety ]
[Crime ]
[Criminal Justice ]
Permissible venue; personal injury and wrongful death actions; appointment of administrator on behalf of estate of decedent. Provides that in a personal injury or wrongful death action in which an administrator is appointed on behalf of the estate of a decedent, permissible venue shall lie only in a county or city in which venue would have been properly laid if the person for whom such appointment is made had survived.
Sponsored by: Sen. Jennifer Carroll Foy
Governor: Acts Of Assembly Chapter Text (chap0340) on 04/02/2024
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Virginia 2024 Regular Session
Powers of attorney, certain; transfer on death deeds. [HB-336]
[Real Estate ]
Certain powers of attorney; transfer on death deeds. Provides that an agent under a power of attorney shall not have the authority to create, change, or revoke a transfer on death deed unless specifically granted the power to create or change a beneficiary designation as otherwise provided by law.
Sponsored by: Rep. Nadarius Clark
Governor: Acts Of Assembly Chapter Text (chap0283) on 04/02/2024
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Virginia 2024 Regular Session
Termination of trust; notice requirements. [HB-332]
[Finance ]
Termination of trust; notice requirements. Provides that a trustee seeking to terminate a trust consisting of trust property that has a total value of less than $100,000 may do so without a court order, provided that the trustee sends notice, as specified in the bill, to any qualified beneficiaries or cotrustees.
Sponsored by: Rep. Michael Jones
Governor: Acts Of Assembly Chapter Text (chap0282) on 04/02/2024
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Virginia 2024 Regular Session
Wills and trusts; tangible personal property, nonexoneration. [SB-102]
[Real Estate ]
Wills and trusts; tangible personal property; nonexoneration. Provides that if a trust instrument that was revocable, as defined in relevant law, immediately before the settlor's death refers to a written statement or list of items of tangible personal property and their intended recipients with reasonable certainty and is signed by the settlor, such written statement or list shall be given the effect of a specific bequest although it does not satisfy the requirements for a trust instrument. The bill also provides that real or personal property
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Sponsored by: Sen. Glen Sturtevant
Governor: Acts Of Assembly Chapter Text (chap0576) on 04/05/2024
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Virginia 2024 Regular Session
Electronic execution of estate planning documents; codifies Uniform Electronic Wills Act. [HB-210]
[Technology and Innovation ]
[Data Privacy ]
[Senior Citizens ]
Electronic execution of estate planning documents; Uniform Electronic Wills Act. Permits trusts, advance medical directives, and refusals to make anatomical gifts to be signed and notarized, as appropriate, by electronic means. The bill also codifies the Uniform Electronic Wills Act, which permits a testator to execute a will by electronic means. The Act requires that the will be signed by two witnesses who are in the physical or electronic presence of the testator and acknowledged by the testator and attesting witnesses in the physical or electronic
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Sponsored by: Rep. Fernando Martinez
Defeated By Senate (19-y 20-n) on 02/27/2024
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Virginia 2024 Regular Session
Guardians and conservators; order of appointment and certificate of qualification, annual report. [HB-115]
[Senior Citizens ]
[Children and Youth ]
[Disabilities ]
[Law Enforcement ]
[Public Safety ]
Guardians and conservators; order of appointment and certificate of qualification; annual report. Requires a petitioner to file with a petition for the appointment of a guardian, a conservator, or both a cover sheet on a form prepared by the Office of the Executive Secretary of the Supreme Court of Virginia. The bill requires a guardian to file an initial annual report reflecting the first four months of guardianship since qualification within six months of the date of qualification and to file the second and each subsequent annual report for each
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Sponsored by: Rep. Richard Sullivan
Governor: Acts Of Assembly Chapter Text (chap0017) on 03/08/2024
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Virginia 2024 Regular Session
Termination of trust; notice requirements. [SB-63]
[Finance ]
Termination of trust; notice requirements. Provides that a trustee seeking to terminate a trust consisting of trust property that has a total value of less than $100,000 may do so without a court order, provided that the trustee sends notice, as specified in the bill, to any qualified beneficiaries or cotrustees.
Sponsored by: Sen. Ryan McDougle
Governor: Acts Of Assembly Chapter Text (chap0336) on 04/02/2024
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Virginia 2023 Regular Session
Court-appointed guardians; training, powers & duties, annual report to local dept. of social serv. [HB-2437]
[Senior Citizens ]
[Human Services ]
[Disabilities ]
[Children and Youth ]
Department for Aging and Rehabilitative Services; training; powers and duties of guardian; annual reports by guardians; information required. Directs the Department for Aging and Rehabilitative Services to develop and provide training for court-appointed guardians by July 1, 2024. The bill requires an appointed guardian and any staff employed by such guardian to perform guardianship duties to complete the initial training developed by the Department within four months of the date of the initial court order of appointment and guardians and such staff
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Sponsored by: Sen. Danica Roem
Tabled In Appropriations (11-y 10-n) on 02/03/2023
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Virginia 2023 Regular Session
Guardianship and conservatorship; identifying information and evaluation report. [HB-2383]
[Senior Citizens ]
[Disabilities ]
[Children and Youth ]
[Law Enforcement ]
[Public Safety ]
[Human Services ]
Guardianship and conservatorship; identifying information and evaluation report; separate confidential addendum. Requires that any petition, pleading, motion, order, or report filed pursuant to a guardianship or conservatorship proceeding not contain any financial information of a respondent to such a proceeding but such information shall be included in a separate confidential addendum. The bill provides that such confidential addendum shall be made available only to the parties, their attorneys, a guardian ad litem appointed to represent the respondent,
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Sponsored by: Rep. Patrick Hope
Governor: Acts Of Assembly Chapter Text (chap0016) on 03/16/2023
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Virginia 2023 Regular Session
Virginia Small Estate Act; funeral expenses and disposition, refusal to pay or deliver small asset. [HB-2128]
[Consumer Protection ]
[Finance ]
[Law Enforcement ]
[Public Safety ]
[Senior Citizens ]
Virginia Small Estate Act; payment or delivery of small asset; disposition and funeral expenses. Requires any person having possession of a small asset belonging to a decedent, upon presentation of an affidavit by the funeral service establishment handling the disposition of the decedent and any related funeral service, to pay or deliver to such funeral service establishment so much of the small asset as does not exceed the amount given priority and has not already been paid. Under current law, such payment is discretionary and made to the undertaker
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Sponsored by: Rep. Tony Wilt
Governor: Acts Of Assembly Chapter Text (chap0494) on 03/24/2023