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Inheritance for Adopted and Blended Families in Virginia

By, Alexa Deutsch, Elder & Disability Law Clinic Student, Spring 2022 Families and households in the United States take a variety of different shapes. For example, according to the Pew Research Center, one in six children in the United States is living in a blended family.[1] The United States Census Bureau defines a blended family […]

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Electronic Wills: The Good, The Bad, The Unknown

By, Kate Dopkin, Elder & Disability Law Clinic Student, Spring 2022  It is increasingly common that many documents, including binding legal contracts, are created and signed in an electronic form.[1] However, under the laws of most states, a person’s last will and testament is still only valid if it is in tangible paper form.[2] For […]

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Avoiding Probate for “Small Estates” in Virginia

By, Sam Petto, Elder & Disability Law Clinic Student, Spring 2022 The Virginia probate process, or the court-supervised process of determining whether a decedent left a valid will, conducting an accounting of the decedent’s estate, and distributing the decedent’s assets to beneficiaries, has a reputation for creating hassle and costing time and money. Fortunately, Virginia […]

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The Tale of Two Wills: the Will Drafting Lesson Behind the Adele Bloch-Bauer I Portrait

By, Alecs Dragus, Elder & Disability Law Clinic Student, Spring 2022 The battle over the Portrait of Adele Bloch-Bauer I culminated in the unforgettable case Altmann v. Republic of Austria, when Maria Altmann, a U.S. citizen fought the Republic of Austria to recover five paintings by Gustav Klimt that belonged to her family.[1] The Portrait […]

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Looking Forward: A Review of POLST forms as an Advanced Planning Tool

By, Alicia Muir, Elder & Disability Law Clinic Student, Spring 2022 According to the American Medical Association (“AMA”), “[o]nly about one in three Americans has some type of advance directive on file with their health care providers.”[1] One result of the COVID-19 pandemic is that many were reminded about the importance of planning ahead to […]

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How Not To ‘Care’ Like Marla Grayson

By, Susan Gao, Elder & Disability Law Clinic Student, Spring 2022 I first learned the concept of guardianship in 2020 when I watched the movie, I Care A Lot.  Rosamund Pike, who brilliantly portrayed the shrewd housewife in Gone Girl,  played Marla Grayson, a professional legal guardian who succeed in “caring” for her wards. Grayson made […]

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Housing Issues Faced by Seniors While Aging in Place

By, Xijia Yuan, Elder & Disability Law Clinic Student, Spring 2022 The United States is experiencing soaring senior population growth. The aging of the Baby Boomer generation is exposing many impending issues involving senior housing. Take Richmond, Virginia, as an example: Growing Population According to data observed by the Partnership for Housing Affordability, the senior population […]

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Transfer on Death: Exploring New Options for Property Inheritance

By, Elizabeth DePatie, Elder & Disability Law Clinic Student, Fall 2021 How do you ensure that your property will pass to the appropriate party after your death? Years of people’s lives are dedicated to acquiring title over invaluable property such as homes, cars, and even intangible items such as stocks and bonds. Planning the succession of […]

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Remote Witnessing in the Digital Age

By, Robert Robbins, Elder & Disability Law Clinic Student, Fall 2021 To execute a valid will in Virginia, a number of formalities must be satisfied. One in particular, is the presence of two witnesses.[1] While this may seem like an easy requirement to fulfill, there is a lot of gray area which can muddle the execution. […]

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Estate Planning For Digital Assets: Who Gets Your iPhoto Albums After You Die?

By, Bailey Walker, Elder & Disability Law Clinic Student, Fall 2021 Traditional estate planning contemplates the future of a person’s physical and financial assets: homes, bank accounts, heirlooms—even photo albums. However, in today’s world, a person’s digital assets are increasingly common, sentimental, and valuable. Consider family photos stored on a personal google drive account, Facebook profile, […]