Wills Trusts And Fiduciaries
Virginia 2022 Regular Session
Guardianship visitation requirements; DARS shall convene a work group to review and evaluate. [HB-634]
[Senior Citizens ]
[Human Services ]
[Disabilities ]
[Healthcare ]
[Law Enforcement ]
[Public Safety ]
Department for Aging and Rehabilitative Services; work group; review and evaluate guardianship visitation requirements; report. Directs the Department for Aging and Rehabilitative Services to convene a work group to (i) evaluate how a requirement for private guardians to visit the individual under their guardianship in person at least once every 90 days would reduce the availability of willing and qualified individuals to serve as private guardians, if at all; (ii) consider whether a different number and frequency of visits per year, other than
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Sponsored by: Rep. Charniele Herring
Governor: Acts Of Assembly Chapter Text (chap0242) on 04/08/2022
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Gettr Virginia 2022 Regular Session
Uniform Fiduciary Income and Principal Act; replaces prior Act. [HB-370]
[Finance ]
[Investments ]
[Retirement ]
Uniform Fiduciary Income and Principal Act. Codifies the Uniform Fiduciary Income and Principal Act, which replaces the prior uniform act to reflect modern trust investment practices in the allocation of principal and income. The bill provides procedures for trustees administering estates and gives them additional flexibility to administer discretionary trusts to ensure that the intention of the creator of the trust is accomplished. The bill includes provisions for converting a traditional trust into a "unitrust" to allow for total-return investing.
Sponsored by: Rep. Richard Sullivan
Governor: Acts Of Assembly Chapter Text (chap0354) on 04/11/2022
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Virginia 2022 Regular Session
Index of wills; Rockingham Circuit Court to establish pilot program. [SB-221]
[Technology and Innovation ]
[Data Privacy ]
[Law Enforcement ]
[Public Safety ]
Indexing of wills; pilot program in Rockingham County. Permits the clerk of the Rockingham County Circuit Court to establish a pilot project for an index of wills lodged for safekeeping, with a searchable database available to the public. Indexing of wills; pilot program in Rockingham County. Permits the clerk of the Rockingham County Circuit Court to establish a pilot project for an index of wills lodged for safekeeping, with a searchable database available to the public.
Sponsored by: Sen. Mark Obenshain
Governor: Acts Of Assembly Chapter Text (chap0109) on 04/06/2022
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Virginia 2022 Regular Session
Guardians; appointment, petitions for guardianship, report. [SB-302]
[Healthcare ]
[Human Services ]
[Mental Health ]
[Disabilities ]
[Senior Citizens ]
[Children and Youth ]
Guardianship; petitions; appointment. Clarifies that a community services board and any other local or state governmental agency may file a petition for the appointment of a guardian or conservator of an incapacitated person. The bill also specifies that a guardian need not be appointed for the purposes of making a health care decision when such decision is made pursuant to and within the scope of the Health Care Decisions Act. Finally, the bill requires the Department of Behavioral Health and Developmental Services to convene a work group to consider
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Sponsored by: Sen. Taylor Mason
Governor: Acts Of Assembly Chapter Text (chap0630) on 04/11/2022
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Virginia 2022 Regular Session
Misuse of power of attorney; financial exploitation of incapacitated adults by an agent, penalty. [HB-497]
[Crime ]
[Senior Citizens ]
[Consumer Protection ]
[Criminal Justice ]
[Public Safety ]
Misuse of power of attorney; financial exploitation; incapacitated adults; penalty. Makes it a Class 1 misdemeanor for an agent under a power of attorney to knowingly or intentionally engage in financial exploitation of an incapacitated adult who is the principal of that agent. The bill also provides that the agent's authority terminates upon such conviction. As introduced, this bill was a recommendation of the Virginia Criminal Justice Conference.
Sponsored by: Rep. Michael Mullin
Governor: Acts Of Assembly Chapter Text (chap0397) on 04/11/2022
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Virginia 2022 Regular Session
Misuse of power of attorney; financial exploitation of incapacitated adults by an agent, penalty. [SB-124]
[Crime ]
[Senior Citizens ]
[Consumer Protection ]
[Criminal Justice ]
[Public Safety ]
Misuse of power of attorney; financial exploitation; incapacitated adults; penalty. Makes it a Class 1 misdemeanor for an agent under a power of attorney to knowingly or intentionally engage in financial exploitation of an incapacitated adult who is the principal of that agent. The bill also provides that the agent's authority terminates upon such conviction. As introduced, this bill was a recommendation of the Virginia Criminal Justice Conference.
Sponsored by: Sen. Taylor Mason
Governor: Acts Of Assembly Chapter Text (chap0654) on 04/11/2022
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Virginia 2022 Regular Session
Small Estate Act; payment of funeral expenses. [SB-51]
[Consumer Protection ]
[Finance ]
[Law Enforcement ]
[Public Safety ]
[Senior Citizens ]
Small Estate Act; payment of funeral expenses. Changes from discretionary to mandatory the provision that any person holding a small asset of a decedent pay or deliver up to $4,000 of such asset to the undertaker or mortuary handling the funeral of the decedent upon request of a successor of the decedent.
Sponsored by: Sen. John Cosgrove
Stricken At The Request Of Patron In Judiciary (13-y 0-n) on 01/26/2022
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Virginia 2022 Regular Session
Power of attorney; termination, conviction of agent for certain offenses. [SB-10]
[Crime ]
[Public Safety ]
Termination of power of attorney; conviction of agent for certain offenses. Provides that a power of attorney terminates when, subsequent to the execution of the power of attorney, the agent is convicted of a crime wherein the principal is the victim of such offense.
Sponsored by: Sen. Travis Hackworth
Incorporated By Judiciary on 01/17/2022
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Virginia 2021 Special I
Supported decision-making agreements; DBHDS to develop and implement a program, etc. [HB-2230]
[Disabilities ]
[Human Services ]
[Mental Health ]
[Public Health ]
Supported decision-making agreements; report. Directs the Department of Behavioral Health and Developmental Services (the Department) to develop and implement a program to educate individuals with intellectual and developmental disabilities, their families, and others regarding the availability of supported decision-making agreements, the process by which an individual with an intellectual or developmental disability may enter into a supported decision-making agreement with a supporter, and the rights and responsibilities of principals and supporters
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Sponsored by: Rep. Robert Bell
Governor: Acts Of Assembly Chapter Text (chap0232) on 03/18/2021
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Virginia 2021 Special I
Estate planning documents; electronic execution, codifies Uniform Electronic Wills Act. [HB-1856]
[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. Kathleen Murphy
Passed By Indefinitely In Judiciary (12-y 0-n) on 02/10/2021
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Virginia 2021 Special I
Will contest; presumption of undue influence. [SB-1123]
[Law Enforcement ]
[Ethics ]
[Public Safety ]
[Criminal Justice ]
Will contest; presumption of undue influence. Provides that in any case contesting the validity of a decedent's will where a presumption of undue influence arises, the burden of producing evidence and the burden of persuasion as to the factual issue that undue influence was exerted over the testator shall be on the party against whom the presumption operates.
Sponsored by: Sen. Mark Obenshain
Left In Courts Of Justice on 03/01/2021
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Virginia 2017 Regular Session
Legal malpractice; estate planning. [SB-1140]
[Law Enforcement ]
Legal malpractice; estate planning. Provides that the statute of limitations for legal malpractice related to estate planning is five years if the legal representation was based on a written contract and three years if the legal representation was based on an unwritten contract. The bill provides that the accrual date for such an action is the date of completion of the representation. The bill further provides that a person who is not party to the representation shall have standing to maintain such an action only if there is a written agreement
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Sponsored by: Sen. Glen Sturtevant
Governor: Acts Of Assembly Chapter Text (chap0093) on 02/20/2017
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Virginia 2017 Regular Session
Surviving spouse's elective share; homestead allowance benefit. [SB-1177]
[Family-Related Legislation ]
Surviving spouse's elective share; homestead allowance benefit. Provides that if a surviving spouse of a decedent dying on or after January 1, 2017, claims and receives an elective share, the homestead allowance available to the spouse shall be in addition to any benefit or elective share passing to such surviving spouse. The bill provides consistency with other provisions of Article 1.1 (§ 64.2-308.1 et seq.) of Chapter 3 of Title 64.2, which governs the elective share of the surviving spouse of a decedent dying on or after January 1, 2017, which
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Sponsored by: Sen. Benton Chafin
Governor: Acts Of Assembly Chapter Text (chap0082) on 02/20/2017
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Virginia 2017 Regular Session
Nonexoneration of debts on property of decedent; notice to creditor and beneficiaries. [SB-1176]
[Property Tax ]
Nonexoneration of debts on property of decedent; notice to creditor and beneficiaries. Provides a procedure by which a personal representative of a decedent's estate may notify a creditor of a debt on certain property in the decedent's estate that such property passes without the right of exoneration. The bill provides the method by which such notice shall be sent. The bill provides that if such procedure is used, the creditor may file a claim for such debt with the commissioner of accounts, and if the creditor does not timely file such claim, the
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Sponsored by: Sen. Benton Chafin
Governor: Acts Of Assembly Chapter Text (chap0139) on 02/21/2017
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Virginia 2017 Regular Session
Guardians; temporary delegation of powers regarding an incapacitated person. [HB-1947]
[Family-Related Legislation ]
[Senior Citizens ]
[Disabilities ]
[Healthcare ]
[Human Services ]
Temporary delegation of powers by guardian. Allows a court to authorize a guardian appointed for an incapacitated person to delegate any of his powers regarding the incapacitated person to another person 18 years of age or older. The court's order may further specify individuals to whom the guardian is prohibited from delegating such powers. The bill requires that any such delegation made pursuant to such authorization be a single period no longer than 90 days within a 12-month period. The bill requires that any such delegation made be in writing,
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Sponsored by: Rep. Christopher Peace
Left In Courts Of Justice on 02/07/2017
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Virginia 2017 Regular Session
Examining and approving a statement in lieu of the settlement of accounts; fee for commissioner. [HB-1654]
[Finance ]
[Budget and Spending ]
[Law Enforcement ]
[Ethics ]
Examining and approving a statement in lieu of the settlement of accounts; fee for commissioner of accounts. Removes the provision that allows the commissioner of accounts to charge a fee of up to $75 for the examination and approval of a statement in lieu of the settlement of accounts. This bill is a recommendation of the Judicial Council.
Sponsored by: Rep. George Loupassi
Governor: Acts Of Assembly Chapter Text (chap0638) on 03/20/2017
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Virginia 2017 Regular Session
Electronic wills; process for execution of will. [HB-1643]
[Technology and Innovation ]
Electronic wills. Provides a process for the execution of an electronic will, which has the same force and effect as a traditional, written will. The bill requires the electronic will to be stored in an "authoritative electronic record," kept under the control of a "qualified custodian," and contain the electronic signature of the testator and the electronic signatures of either two witnesses or a notary public. The bill defines the terms "authoritative electronic record," "certified paper original," and "qualified custodian."
Sponsored by: Rep. George Loupassi
Left In Courts Of Justice on 02/07/2017
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Virginia 2017 Regular Session
Legal malpractice; estate planning. [HB-1617]
[Law Enforcement ]
[Consumer Protection ]
[Senior Citizens ]
Legal malpractice; estate planning. Provides that the statute of limitations for legal malpractice related to estate planning is five years if the legal representation was based on a written contract and three years if the legal representation was based on an unwritten contract. The bill provides that the accrual date for such an action is the date of completion of the representation. The bill further provides that a person who is not party to the representation shall have standing to maintain such an action only if there is a written agreement
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Sponsored by: Rep. Gregory Habeeb
Governor: Acts Of Assembly Chapter Text (chap0043) on 02/17/2017
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Virginia 2017 Regular Session
Nonexoneration of debts on property of decedent; notice to creditor and beneficiaries. [HB-1618]
[Property Tax ]
Nonexoneration of debts on property of decedent; notice to creditor and beneficiaries. Provides a procedure by which a personal representative of a decedent's estate may notify a creditor of a debt on certain property in the decedent's estate that such property passes without the right of exoneration. The bill provides the method by which such notice shall be sent. The bill provides that if such procedure is used, the creditor may file a claim for such debt with the commissioner of accounts, and if the creditor does not timely file such claim, the
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Sponsored by: Rep. Gregory Habeeb
Governor: Acts Of Assembly Chapter Text (chap0034) on 02/17/2017
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Virginia 2017 Regular Session
Uniform Fiduciary Access to Digital Assets Act. [HB-1608]
[Technology and Innovation ]
[Data Privacy ]
[Consumer Protection ]
Uniform Fiduciary Access to Digital Assets Act. Creates the Uniform Fiduciary Access to Digital Assets Act. The bill allows fiduciaries to manage digital property such as computer files, web domains, and virtual currency, and restricts a fiduciary's access to electronic communications such as email, text messages, and social media accounts unless the original user consented to such access in a will, trust, power of attorney, or other record. The bill repeals the Privacy Expectation Afterlife and Choices Act, which was enacted in 2015. This bill
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Sponsored by: Rep. James Leftwich
Governor: Acts Of Assembly Chapter Text (chap0033) on 02/17/2017