Your state's pack. New issues arrive periodically on Mondays. Bookmark it. I built this for the Virginia T&E solo who knows Title 64.2 cold but still loses an afternoon a week tracking the moving DMAS pieces — and Virginia is the home reference state for this whole series.
For licensed attorneys. This pack is general legal information and professional commentary for practicing attorneys — it is not legal advice, does not apply to any specific matter, and creates no attorney-client relationship. Verify every authority against the cited primary source before relying on it with a client. Published by Mike Moss, a Utah-admitted attorney, as an AI-enablement information product; it is not an offer of legal services and is not a representation that the author is admitted to practice in your jurisdiction.
Three developments I think actually matter to a Virginia T&E solo. Each has a read that lands on your practice specifically — and each comes with a reachable citation so you can verify it yourself before you use it with a client.
DMAS recovers correctly-paid long-term-care assistance from the estate of a recipient who was age 55 or older, after the death of a surviving spouse and with no surviving child under 21 or blind/disabled child (Va. Code §§ 32.1-326, 32.1-327; 12VAC30-20-141).
Virginia defines the recoverable estate by reference to property the decedent held legal title or interest in at death — so probate-avoidance structuring (TOD deeds, funded trusts) is the core LTC plan. Note the hardship waivers for a modest homestead or sole income-producing family farm/business.
Va. Code §§ 32.1-326, 32.1-327 · 12VAC30-20-141
Virginia adopted the Uniform Real Property Transfer on Death Act (§ 64.2-621 et seq.; optional form § 64.2-635). The surviving spouse's elective share is 50% of the marital-property portion of the augmented estate for decedents dying on or after January 1, 2017.
A TOD deed keeps the home out of probate without a lifetime transfer, but it does not defeat the augmented-estate elective share — run both analyses together so a probate-avoidance move doesn't blow up a spousal-protection plan.
Va. Code § 64.2-621 et seq.; § 64.2-308.1 et seq.
Maximum CSRA is $162,660 (minimum $32,532); Virginia applies the $752,000 home-equity floor; MMNA range $2,643.75–$4,066.50.
Two places this lands: community-spouse protection math and high-value-home clients. Flag the 2028 OBBBA flat $1,000,000 home-equity cap now.
42 U.S.C. § 1396p · CMS 2026 Standards (medicaid.gov)
Decisions from the courts that bind a Virginia practitioner — the Supreme Court of Virginia and the Court of Appeals, the U.S. District Courts for the Eastern and Western Districts of Virginia, and the Fourth Circuit — read for what actually changes how you draft, advise, and plan. Trusts and estates broadly, not Medicaid alone: wills and capacity, undue influence, fiduciary duty, trust construction, and estate recovery. One read, the holding, and the official cite.
Beneficiaries of a QTIP trust sued former and successor co-trustees for breach of trust — commingled funds and intra-family loans. The trial court dismissed the claims as time-barred under the catch-all personal-action period (Code § 8.01-248), reasoning they were “common law” rather than “statutory,” and alternatively barred by laches. The Court of Appeals reversed: because the Virginia Uniform Trust Code supplies an express limitations statute for breach-of-trust claims (Code § 64.2-796), the catch-all does not apply; the suit — filed within five years of the trust’s 2019 termination — was timely under § 64.2-796(C), and the one-year period in subsection (A) never began because the former trustee’s 2009 disclosure did not inform the beneficiary of the time allowed to sue. The laches dismissal was reversed as well.
Three things to carry into your files. One: breach-of-trust claims against a trustee run on Code § 64.2-796 — not the § 8.01-248 catch-all — so don’t assume a “common law” framing shortens the clock. Two: the short one-year clock starts only if the trustee’s report both disclosed the potential claim and informed the beneficiary of the time allowed to sue; absent that, the five-year period controls, measured from the first of the trustee’s removal, resignation, or death, termination of the beneficiary’s interest, or termination of the trust. Three: calendar those triggers on every administration — and if you represent trustees, draft reports that start the one-year clock deliberately.
Fulks v. Fulks, Record No. 0780-25-2 (Va. Ct. App. May 19, 2026) (published) · official opinion — vacourts.gov
This week in Virginia for the T&E solo with Cardinal Care / CCC Plus clients: what the Virginia State Bar, the Trusts and Estates Section, and DMAS Medicaid memos put in front of you.
The VSB CLE calendar, the Wills, Trusts and Estates Section, and the DMAS Medicaid memo feed all publish on different schedules. This is that sift, already done, with the link on each item.