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
In re Estate of William B. Robertson
In re Estate of Mildred L. Bailey
FI-2005-0074290
FI-2005-0074291
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.
In re Estate of Helen E. Berne 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.
In re Estate of Eugene M. Brown FI-2005-0075350 1/26/2009 § 26-29
Debts & demands
Decree of Reference
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.
In re Estate of Richard Eugene Bush 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.
In re Estate of Bruce Holcombe Butterworth 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
In re Estate of Rachel Charles, Rachel St. Amant Irrevocable Trust 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
In re Estate of John Lowell Child, Sr. FI-2006-0000949 3/31/2008 26-29 Funeral expenses; reserve for litigation; severance payments; 8.01-397; IRA beneficiary; fiduciary attorney fees
In re Estate of Eva Clark 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*
In re Estate of James Constantine 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
In re Estate of Paul C. Cooke
In re Estate of Margaret R. Cooke
FI-2003-0070674
FI-2009-0070675
6/10/2010 26-29 Fiduciary fees; reimbursement of travel expenses; fiduciary self-dealing
In re Estate of Edward Cynar 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*
In re Estate of Jack F. Davis FI-2009-0001593 2/2/2011 26-29 Reverse mortgage; tangible personal property
In re Estate of Jeanne Drakulich 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*
In re Estate of Eric Anderson Engh FI -- 2005-0074708 3/23/2010 Debts & demands Statute of limitations; lease repair expenses; time limit for election for statutory allowances
In re Estate of John Theodore Finley FI-2011-0000346 4/1/2013 Debts & demands Fiduciary obligation to sell real estate in an insolvent estate
In re Estate of Marion Williams Fisher 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
In re Estate of Frances Gambaro FI-2009-0001400 10/23/2009 Sale of Real Estate Declining market value; sale below assessed value
In re Estate of Frances Gambaro 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*
In re Estate of Arcadius Hakim 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*
In re Estate of Milton C. Harding FI-2006-0001233 3/28/2008 26-29 Sale of real property; fiduciary self-dealing; agreements with decedent; statute of frauds
In re Ronald Vernon Hixson 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
In re Hany Aziz Iskandar 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
In re Estate of Kalilu Jabbie 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
In re Estate of Jon Jay Jungjohann FI-2007-001576 4/30/2009 Debts & demands Liability for post-death condominium assessments; interest upon claims in insolvent estates
In re Estate of Robert Henry Kay 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
In re Estate of Chris Steven Kuzmanoff FI-2008-0001152 5/31/2011 Debts & demands Priority of claims
In re Estate of Bartholomew Livaudais III FI-2005-0075384 8/23/2006 Debts & demands Proof of claim under 8.01-397; status of wrongful death claim
In re Estate of Wallace C. Love 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*
In re Estate of Robert William MacFarlane FI-2003-0072218 9/24/2009 26-29 Disproportionate distributions; fiduciary compensation; investment losses; interest on bequests
In re Estate of MIchael Randolph McAboy 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
In re Guardianship of Hamza Mkoume 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
In re Estate of Patricia J. O ’Brien FI-2008-0001763 1/19/2011 Debts & demands Claim for home improvement costs; corroboration required
In re Trust under the will of Louis Thomas Pape FI-2006-0001182 10/22/2009 26-29 Duty of trustee to disburse; duty to honor assignment of trust
In re Estate of James Joseph Pellien 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
In re Estate of Betty Louise Piffner FI-2009-0000051 8/4/2010 Debts & demands
26-29
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
In re Estate of Eric Dale Rudert FI-2008-0001516 7/19/2010 Debts & demands Promissory note; claim settlement; attorney ’s fees; disclaimer from insolvent estate
In re Estate of Melissie C. Rumizen FI-2007-0000060 1/22/2009 Debts & demands Liability for post-death condominium assessment; interest in an insolvent estate
In re Estate of Herta Schofield 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*
In re Estate of Dorothy Sue Campbell Simmons 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.
In re Estate of William H. Spears, Sr. FI-2002-0068679 6/18/2008 Decree of Reference
26-29
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
In re Estate of Marjorie Field Sullivan FI-2008-0001273 10/14/2009 Debts & demands Administrative expenses; attorney ’s fees of beneficiaries
In re Estate of John Edward Threlfall FI-2007-0000875 4/14/11 26-29
Debts & demands
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
In re Estate of Belita Kathryn Williams FI-2008-0000790 10/21/2009 Debts & demands Payments of real estate expenses to preserve property as administrative expenses
In re Estate of Anne E. Wyllie 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





 



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