Thursday, January 11, 2007
J. Rodney Johnson, Professor Emeritus of Law, has published his article Wills, Trusts, and Estates, 41 U. Rich. L. Rev. 321 (2006) for the University of Richmond Law Review’s 2006 Annual Survey.
In his introduction, he says:
The General Assembly enacted legislation dealing with wills, trusts, and estates that added or amended a number of sections of the Virginia Code in its 2006 Session. In addition, there were six opinions from the Supreme Court of Virginia during the period covered by this review that presented issues of interest to the general practitioner as well as the specialist in wills, trusts, and estates. This article reports on all of these legislative and judicial developments.
And here is his conclusion:
For the reasons recited herein, it is respectfully submitted that the 2007 Session should (1) repeal or clarify the amendments relating to (i) trusts and the tenancy by the entirety and (ii) a landlord's disposal of a deceased tenant's personal property; (2) clarify the amendments relating to (i) the burial authority of a public guardian or conservator, and (ii) trusts for the care of animals; and (3) enact legislation clarifying its original intent that the presence of a creditor immunity provision in a statute does not prevent the value of property covered by that statute from being included in the value of a decedent's augmented estate.