Estate Planning Attorneys Bridgewater : Probate & Elder Law Attorneys in Bridgewater, VA

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Estate Planning, Probate & Elder Law Bridgewater, Virginia

Bridgewater Estate Planning & Probate Attorneys

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Vitt Law Offices, PLC

TEL (434) 971-3025 |  Charlottesville, VA

Mr. Vitt first became interested in estate planning in law school while taking an estate taxation course. As an attorney, he always has found it more rewarding to help people plan, and assist them in ...(more)



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I've written extensively, in this blog and on my website, about statutory custodial claims. These types of claims can be filed by family members if they meet certain requirements for the care of a decedent. The statutory language (which has recently been changed -- here is the new language) has always been pretty vague, which is part of the reason why we have the new 1st District case of Estate of Hale (here is the PDF).

This is the sort of legal opinion I like, as it answers specifically a number of questions surrounding statutory custodial claims:

1. How many years of care can be considered? As many years as care was provided (in this case, 9-1/2 years)

2. When does the statute of limitations for such a claim begin to run? Upon the decedent's death

3. Is the amount of the statutory custodial claim reduced by the amount of any fees the claimant received for acting as guardian of the decedent during his or her lifetime? No

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