Public Comments for: HB678 - Trusts; release or ratification of trustee by beneficiary, response of beneficiary in writing.
Last Name: Burns Organization: Virginia Academy of Elder Law Attorneys Locality: Richmond

I am writing on behalf of the Public Policy Committee of the Virginia Academy of Elder Law Attorneys (VAELA). We provided these comments to Delegate Leftwich's office early this morning. • We think that 45 days’ notice is far too short for a beneficiary who has concerns about what they have received and wishes to seek legal counsel. Getting in the door for a consultation can take 6 weeks with many, reputable law firms. Not quite understanding the urgency this bill imposes on beneficiaries, we would suggest allowing beneficiaries 120 days. • We are unsure how this “jives” with the one-year statute of limitations set forth in 64.2-796. We are concerned that Section (B)(e) reduces from one year to forty-five days the SOL for trustees proceeding under the new proposed provisions. • The proposed additions seem to apply to both bad actors and good actors alike. For trustees who have been removed by the court, why shorten any time frame an aggrieved party might have to act? • It would also seem reasonable that an objection should contain a basis for said objection. • Fees, it seems, should not automatically be assessed to the trust estate.

End of Comments