Special Needs Trusts
general
Commissioner’s Reports
Your commissioner conducts hearings on a variety of types of matters and files reports with the Circuit Court making findings and recommendations. The Circuit Court gives interested parties an opportunity to object to the report pursuant to Virginia Code § 64.2-1212 and then confirms or overrules the report. In order to provide fiduciaries and their counsel some insight into the hearing and decision-making process, your commissioner has posted a number of hearing reports below. The reports are a sampling of the various types of reports that the Commissioner’s office prepares. Each has been selected in light of the broad application of the issues presented. The Circuit Court has confirmed each of these reports except as expressly noted.
Matter Name | Fiduciary Number | Date Confirmed | Type of Report | Key Issues Discussed |
FI-2005-0074290 | 1/13/2010 | § 26-29 | Fiduciary fees; Authority of conservator to withdraw assets from ward’s trust; responsibility for assets outside conservator control; liability for tax penalties, delinquency fees and bank charges. | |
FI-2001-0067875 | 4/2/2010 | § 26-29 | Distribution of personalty and residuary estate; valuation of assets distributed; loans to fiduciary; use of decedent ’s credit and ATM cards; duty to substantiate reimbursement amounts. | |
FI-2005-0075350 | 1/26/2009 | § 26-29 | Statutory allowances; determination of amount of family allowance; sale of motor vehicles; offset of debts from insolvent estate; payments to preserve assets as administrative expense; liability for funeral expenses; priority of claims. | |
FI-2007-0001651 | 12/1/2010 | Decree of Reference | Rents from non-probate real estate; liability of fiduciary as co-borrower; corroboration of decedent ’s statements required; offset of professional fees from fiduciary fees; attorney fees of objecting party; distribution of wrongful death suit proceeds; intestate distribution. | |
FI-2006-0000542 | 9/17/2009 | Debts & demands | Enforcement of property settlement agreement; bankruptcy discharge; guarantee of business loan by estate; attorney ’s fees for business wind-down | |
FI-2002-0069810 | 3/20/2013 | 64.2-1209 | Non-judicial settlement; loans and distributions to fiduciary, duty of good faith and loyalty, ordinary prudence, abuse of discretion | |
FI-2006-0000949 | 3/31/2008 | 26-29 | Funeral expenses; reserve for litigation; severance payments; 8.01-397; IRA beneficiary; fiduciary attorney fees | |
FI-2006-0000936 | 7/24/2012 | 26-29 | Fiduciary fees – review of reasonableness when billed at an hourly rate; reasonable compensation as guardian; Rule 1:5, Virginia Rules of Professional Conduct* | |
FI-2007-0000675 | 5/23/2011 | 26-29 | Fiduciary compensation; fiduciary reimbursement; advancements; joint accounts; distributions; sale of real estate; IRS filings; insurance proceeds; costs of hearing | |
FI-2003-0070674 | 6/10/2010 | 26-29 | Fiduciary fees; reimbursement of travel expenses; fiduciary self-dealing | |
FI-2007-2070 | 7/24/2012 | 26-29 | Fiduciary fees – review of reasonableness when billed at an hourly rate; reasonable compensation as guardian; Rule 1:5, Virginia Rules of Professional Conduct* | |
FI-2009-0001593 | 2/2/2011 | 26-29 | Reverse mortgage; tangible personal property | |
FI-2004-73224 | 7/24/2012 | 26-29 | Fiduciary fees – review of reasonableness when billed at an hourly rate; review of previously approved accounts upon objection; reasonable compensation as guardian; Rule 1:5, Virginia Rules of Professional Conduct* | |
FI -- 2005-0074708 | 3/23/2010 | Debts & demands | Statute of limitations; lease repair expenses; time limit for election for statutory allowances | |
FI-2011-0000346 | 4/1/2013 | Debts & demands | Fiduciary obligation to sell real estate in an insolvent estate | |
FI-1994-0054719 | 3/7/2011 | 26-29 | Disproportionate distributions; convenience accounts; claim tolling of statute of limitations; plea of statute of limitations before commissioner; claims of fiduciary; distribution of tangible personal property | |
FI-2009-0001400 | 10/23/2009 | Sale of Real Estate | Declining market value; sale below assessed value | |
FI-2009-0001400 | 7/24/2012 | 26-29 | Fiduciary fees – review of reasonableness when billed at an hourly rate; reasonable compensation as guardian; Rule 1:5, Virginia Rules of Professional Conduct* | |
FI-2006-0001005 | 7/24/2012 | 26-29 | Fiduciary fees – review of reasonableness when billed at an hourly rate; reasonable compensation when serving as conservator and as trustee; litigation services; Rule 1:5, Virginia Rules of Professional Conduct* | |
FI-2006-0001233 | 3/28/2008 | 26-29 | Sale of real property; fiduciary self-dealing; agreements with decedent; statute of frauds | |
FI-2009-0000076 | 12/22/2009 | Debts & demands | Fiduciary attorney fees; fees for tax preparation; fees for sale of non-probate real estate; fees for routine estate matters | |
FI-2005-0075409 | 10/21/2009 | Debts & demands | Priority of judgment during lifetime of decedent; payments to preserve or determine assets; attorney ’s fees; distribution of personalty | |
FI-2008-0001212 | 2/16/2011 | 26-29 | Liability for taxes upon liquidation of IRA; use of estate assets for non-estate purposes; fiduciary compensation | |
FI-2007-001576 | 4/30/2009 | Debts & demands | Liability for post-death condominium assessments; interest upon claims in insolvent estates | |
FI-2011-0000187 | 4/24/2013 | Debts & demands; 64.2-1209 | Dispute of creditor claims, failure to appear and substantiate claims, personal liability of decedent, reimbursement of beneficiary expenses and legal fees, fiduciary attorney fees, objections to administration | |
FI-2008-0001152 | 5/31/2011 | Debts & demands | Priority of claims | |
FI-2005-0075384 | 8/23/2006 | Debts & demands | Proof of claim under 8.01-397; status of wrongful death claim | |
FI-2007-0001152 | 7/24/2012 | 26-29 | Fiduciary fees – review of reasonableness when billed at an hourly rate; sale of real estate to pay compensation to fiduciary; Rule 1:5, Virginia Rules of Professional Conduct* | |
FI-2003-0072218 | 9/24/2009 | 26-29 | Disproportionate distributions; fiduciary compensation; investment losses; interest on bequests | |
FI-2009-0000984 | 5/17/2010 | Debts & demands | Liability for post-death condominium assessments; post-death judgment against decedent; post-death treatment of decedent ’s pet; claim filed post-hearing | |
FI-2000-0065285 | 11/29/2010 | Minor’s Expenditures | Va. Code § 31-8.2; standard for approval of expenditures beyond the scope of parental duty; allocation between parent and child | |
FI-2008-0001763 | 1/19/2011 | Debts & demands | Claim for home improvement costs; corroboration required | |
FI-2006-0001182 | 10/22/2009 | 26-29 | Duty of trustee to disburse; duty to honor assignment of trust | |
FI-2006-0001904 | 1/22/2009 | Debts & demands | Expenditures to preserve assets as administrative expenses; commission allowed when property not sold; priority of Federal tax lien | |
FI-2009-0000051 | 8/4/2010 | Debts & demands | Reconciling conflicting testimony; testimony as to value of personalty; travel expenses of complaining witness; contents of inventory; burden of proof; inter vivos gift; bank accounts; funeral expenses; home repair and cleaning expenses; corroboration required of loan forgiveness; no-contest clause; fiduciary attorney fees | |
FI-2008-0001516 | 7/19/2010 | Debts & demands | Promissory note; claim settlement; attorney ’s fees; disclaimer from insolvent estate | |
FI-2007-0000060 | 1/22/2009 | Debts & demands | Liability for post-death condominium assessment; interest in an insolvent estate | |
FI-2009-0000407 | 7/24/2012 | 26-29 | Fiduciary fees – review of reasonableness when billed at an hourly rate; reasonable compensation as guardian; Rule 1:5, Virginia Rules of Professional Conduct* | |
FI-2002-0069480 | 7/12/2010 | 26-29 | Fiduciary liability for tax interest and penalties, professional fees. Fees of successor fiduciary. Joint account. Credit for advances of estate expenses. Agreement by some of the heirs. | |
FI-2002-0068679 | 6/18/2008 | Decree of Reference | Operation and sale of decedent’s businesses; spouse’s occupancy of family residence; liability of estate for contribution for debt secured by joint property; accommodation maker; statutory allowances; distribution of estate; valuation of assets; fiduciary attorney fees; fiduciary self-dealing; expert valuation testimony; discount for minority interest and marketability in estate valuations; fiduciary attorney fees; 64.1-57 powers | |
FI-2008-0001273 | 10/14/2009 | Debts & demands | Administrative expenses; attorney ’s fees of beneficiaries | |
FI-2007-0000875 | 4/14/11 | 26-29 | Attorney ’s fees as administrative expenses; offset of attorney ’s fees from fiduciary fees; fiduciary ’s liability for investment losses; fiduciary ’s liability for tax penalties and interest; reimbursement for fiduciary expenses; reimbursement of unauthorized expenditures; fiduciary liability for disbursement contrary to 64.1-157 | |
FI-2008-0000790 | 10/21/2009 | Debts & demands | Payments of real estate expenses to preserve property as administrative expenses | |
FI-2009-0002111 | 10/17/2011 | 26-29 | Attorney ’s fee disclosure; reasonableness of fiduciary attorney ’s fees; dispute between beneficiaries; attorney ’s fees to aid in execution of estate; attorney ’s fees for routine duties of fiduciary; power of sale |
* Exceptions overruled and remanded for further findings