Wills and Decedents' Estates

P Passed

P HB1876
Personal representatives and trustees. Authorizes such fiduciaries to donate conservation easements on land of their decedents and settlors in order to obtain benefit of an estate tax exclusion allowed under the Internal Revenue Code. This is a recommendation of the Commission on the Future of Virginia's Environment. This bill is identical to SB 1220.
Patron - Deeds

P HB1945
Funeral expenses. Provides that reasonable funeral and burial expenses are an obligation of the decedent's estate and a representative of the estate may make arrangements for the decedent's funeral and burial and bind the estate for such expenses.
Patron - Howell

P HB1996
Pour-over wills. Limits Virginia's pour-over statute to deaths occurring prior to July 1, 1999, and replaces it with the 1991 version of the Uniform Testamentary Additions to Trust Act, which is now in force in 46 states. The surety requirement applicable to a nonresident trustee of a receptacle trust is eliminated, and the prohibition against pour-overs to trusts being administered by out-of-state banks is eliminated. The proposed bill allows a pour-over into a receptacle trust to be executed before, concurrently with or after the testator's death. The bill also recognizes posthumous trust amendments unless prohibited by the testator's will.
Patron - Howell

P HB1998
Grant of powers of fiduciaries, venue. Establishes venue for a motion by a personal representative or trustee for grant of certain powers of fiduciaries pursuant to § 64.1-57. The venue provided is the circuit court for the jurisdiction in which the grantor resides or resided at the time of his death, where a trustee resides, or where a corporate trustee has an office.
Patron - Howell

P HB1999
Personal representatives; qualified terminable interest trusts. Authorizes the personal representative of a qualified terminable interest trust to elect the marital deduction when there has been no qualification of a personal representative for the estate of the decedent who created the trust.
Patron - Howell

P HB2000
Augmented estate; exclusions; valuation. Resolves two issues concerning property and the augmented estate: (i) its exclusion from a decedent's augmented estate to the extent it was gratuitously received and (ii) valuation of includible joint property.
Patron - Howell

P SB1220
Personal representatives and trustees. Authorizes such fiduciaries to donate conservation easements on land of their decedents and settlors in order to obtain benefit of an estate tax exclusion allowed under the Internal Revenue Code. This is a recommendation of the Commission on the Future of Virginia's Environment. This bill is identical to HB 1876.
Patron - Hanger


F Failed

F HB2363
Provision for pretermitted children when child living when will made. Provides that a minor child cannot be completely disinherited from a will, unless the estate or a substantial portion thereof, is left to the other parent of the minor. The bill also establishes a formula for determining the minimum amount such child can inherit.
Patron - McEachin


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