T&E Solo Pack · Virginia · Week Of June 15, 2026

Virginia.

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 (Virginia’s own decedents-estates code) cold but still loses an afternoon a week hunting the current homestead number, the Cardinal Care / CCC Plus waiver posture, whether the latest VSB opinion changes how you scope an engagement, or whether a recent Court of Appeals of Virginia decision just moved the law on capacity, undue influence, or a trustee’s duties. What’s below is what mattered in Virginia lately — the week’s developments and the recent rulings from the bench.

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.

VA
Virginia · Old Dominion
UPC — No (own Title 64.2)
Community Property — No (common law)
LTC Waiver — Cardinal Care / CCC Plus (DMAS)
Estate Recovery — Probate estate (age 55+)
T&E Solo Pack Built for Virginia attorneys
The Big Three · Week Of June 15, 2026

Here's what I'd want you to see from last week.

Three developments from the last seven days that I think actually matter to a Virginia T&E solo. Each one has a read that lands on your practice specifically — and each one comes with the citation so you can verify the detail yourself before you use it with a client.

01

HB 133, the Uniform Electronic Wills Act, passed the House 98–0 — then died in Senate committee. Electronic wills are not coming to Virginia this year.

Per the Virginia LIS, HB 133 (electronic execution of estate-planning documents; codifies the Uniform Electronic Wills Act) passed the House 98-Y 0-N on February 3, 2026, was referred to the Senate Committee for Courts of Justice on February 4, and on February 25 the committee failed to report (defeated) it, 6-Y 8-N 1-A. The 2026 General Assembly adjourned sine die March 14. The bill’s status is Failed.

For a Virginia T&E solo, the operative posture is unchanged: wills are still executed the wet-signature way under Va. Code § 64.2-403 — testator signature plus two competent witnesses — and Virginia does not authorize fully electronic or remote-online will execution. Don’t let a client, or an out-of-state e-will vendor, assume an electronically executed will is valid here; a will executed in reliance on this bill would be exposed. Re-file the question for the 2027 session.

Virginia LIS · HB 133 (2026 Reg. Sess.) · lis.virginia.gov/bill-details/20261/HB133

02

VSB Legal Ethics Opinion 1901 — approved by the Supreme Court of Virginia — settles how you may bill for generative-AI work.

LEO 1901, Reasonable Fees and the Use of Generative Artificial Intelligence, was approved by the Supreme Court of Virginia on November 24, 2025 (effective immediately). Applying Rule 1.5, it holds that time-based (hourly) fees may bill only the actual time spent, but a lawyer is not required to reduce a non-hourly (flat or value-based) fee solely because AI made the work faster — the skill to prompt, verify, and integrate AI output, and the results obtained, remain compensable value. Virginia here expressly departs from ABA Formal Opinion 512 and North Carolina 2024 FEO 1.

If you use AI-assisted drafting, you may keep a reasonable flat or value fee even when AI cut your hours — you need not discount for speed alone — but Rule 1.5(b) requires you to adequately explain the basis of the fee to the client, and that explanation matters most precisely when your time on the matter drops sharply. Hourly billing still must reflect only actual hours worked.

Va. Legal Ethics Opinion 1901, Reasonable Fees and the Use of Generative AI, approved by the Supreme Court of Virginia Nov. 24, 2025 · official opinion: vacourts.gov

03

Virginia’s homestead exemption doubled to $50,000 in 2024 — every form library still carrying $25,000 is wrong.

Va. Code § 34-4 was doubled from $25,000 to $50,000 by 2024 c. 656. The personal-property cap is $5,000 ($10,000 if the householder is 65 or older), with an additional $500 per dependent. CPI indexing of the figure arrives April 2027. (Direct LIS code fetch, server-rendered — Procedure B.)

Two places this bites immediately: bankruptcy-exemption schedules filed in the Eastern and Western Districts of Virginia, where the homestead deed is the operative instrument, and homestead-deed filing practice itself — circuit-clerk record indexes still carry historical filings at the old number, a trap for anyone copying from a prior file. Check the interaction with § 34-26 and § 34-4.1 before relying on any single figure.

Va. Code § 34-4 · law.lis.virginia.gov · § 34-4

From the Courts · Recent · Virginia

What the courts did — and what it changes at your desk.

Decisions from the courts that bind a Virginia practitioner — the Supreme Court of Virginia and the Court of Appeals of Virginia, 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.

Decided May 19, 2026
Court of Appeals of Virginia
Record No. 0780-25-2 · published

Fulks v. Fulks — the Uniform Trust Code’s own limitations statute, not the § 8.01-248 catch-all, governs a beneficiary’s breach-of-trust claim against a trustee.

The Court of Appeals held that Va. Code § 64.2-796 — the UTC limitations statute — governs a beneficiary’s breach-of-trust claim against a trustee, not the general § 8.01-248 catch-all, and that laches did not bar the claim. (§ 64.2-796(A): one year after a report that adequately discloses the potential claim and the time to commence it; (C): five years from the first of trustee removal/resignation/death, termination of the beneficiary’s interest, or termination of the trust.)

If you pursue or defend a trustee breach claim in Virginia, plead the limitations clock off § 64.2-796, not the catch-all — and for trustees, the one-year bar is triggered only by a report that adequately discloses the claim, so the quality of your trust accountings is now a litigation-exposure question, not just a compliance one.

Fulks v. Fulks, Record No. 0780-25-2 (Va. Ct. App. May 19, 2026) (published) · Va. Code § 64.2-796 · official opinions: vacourts.gov

Trailing window
Va. Sup. Ct. · Ct. App.
E.D./W.D. Va. · 4th Cir.

No new verified Virginia T&E decision this period.

Across the Supreme Court of Virginia, the Court of Appeals of Virginia, the Eastern and Western Districts of Virginia, and the Fourth Circuit, no qualifying trusts-and-estates or estate-recovery decision has been filed since Fulks (5/19/2026). Per the lane’s no-invent rule, this row says so plainly rather than inflating a holding.

Nothing to re-paper from the bench this period; controlling authority is unchanged — Fulks, above, remains the most recent material Virginia T&E appellate decision.

Awaiting verified weekly signal — CourtListener used for discovery only, never cited as authority.

Week Of June 15, 2026

This week.

This week in Virginia for the T&E solo with Cardinal Care / CCC Plus clients: the developments from the Virginia State Bar, the Trusts and Estates Section, and DMAS Medicaid memos that actually moved your practice this period — each one primary-source verified.

Bar and Medicaid changes land on different schedules and aren't indexed by practice focus. Every item here was checked against its primary source, with the link, so you can verify before relying on it.