Chappell v. Perkins

In this appeal, John R. Chappell, Executor of the Estate of Carole K. Chappell (Estate), asks us to reverse the judgment of the trial court establishing the elective share of the surviving spouse, Walter H. Perkins, pursuant to Code § 64.1-16.1. Because we conclude that the circuit court did not err in applying Code § 64.1-16.1 1 as it existed at the time of Carole’s death, in placing the burden of proof on the Estate to establish that certain property should be excluded from Carole’s augmented estate, and in including certain property in the augmented estate, we will affirm the judgment of…