Fiduciary Disputes



As the baby boomers grow older, we are experiencing the largest transfer of wealth in our nation's history.  There has been a corresponding rise in disputes by beneficiaries and fiduciaries concerning estate plans and the administration of estates and irrevocable trusts.  In addition, there are more individuals serving as trustees than ever before, with a corresponding rise in disputes caused by inexperienced trustees handling complex trust matters.

 

Our team can handle today’s highly-specialized fiduciary litigation.  We have successfully represented individuals, charitable organizations, educational institutions, banks and trust companies in dozens of such matters spanning the full spectrum of fiduciary issues.

 

We also handle a wide variety of matters involving the appointment of guardians and conservators for elderly for incapacitated persons, will contests, lost wills, and claims of undue influence or incompetency.  Although skilled in going to court, we advise people every day on ways to avoid litigation.

 

"Never say you know a man until you have divided an inheritance with him." Poet Johann Lavatar

 

Sample matters:

 

Recently represented three siblings in a will contest with their stepmother over their father’s estate which was resolved through mediation after extensive discovery.

 

Negotiated non-judicial settlement agreement with conversion of one trust to uni-trust and replacement of trustee with a trustee of client’s choosing. 

 

Assisted executor of estate to defeat a claim that a will was procured by undue influence.

 

Represented estate of conservator in suit brought by the estranged wife of the deceased ward regarding non-probate asset dispute.

 

Represented former executive in post-retirement dispute with employer regarding split dollar insurance policy.

 

Represented daughter in dispute with her two brothers over deceased parents' assets including partition suit related to multiple properties.

 

Represented several family members against another family member in will and trust contest over their father's multi-million dollar estate and related issues of jointly held property.

 

Represented client in complicated family business dispute regarding ownership of deceased partner's interest resulting in multi-million dollar settlement in favor of our client aftermultiple mediation sessions and court appearances.

 

Represented national U.S. bank in significant will contest involving issues of incompetency, undue influence, forgery and fraud regarding valuable real estate and other assets.

 

Represented client in contentious will contest where issues were competency of testator and undue influence regarding multiple and competing wills.

 

Represented a Virginia college in a highly contested case involving the reformation of two scholarship agreements pursuant to Virginia’s Uniform Prudent Management of Institutional Funds Act. This was the first case of its kind in Virginia.

 

Assisted in litigation involving valuable artwork to be sold by a Virginia college. Obtained a preliminary injunction for her clients prohibiting the college from selling the art.

 

Successfully represented trustee and grantor of a trust in an action for conversion, fraud and unjust enrichment resulting in multi-million dollar verdict.

 

Successfully defended a national financial institution against claims of breach of fiduciary duty and breach of contract.

 

Successfully represented administrator of an estate against complaint to impeach a will alleging duress and lack of testamentary capacity of the testator.

 

Successfully defended administrator of an estate against a complaint to impeach a will filed by a disinherited relative of the testator.

 

Obtained an order terminating a trust when the trust no longer furthered grantor's purposes.

 

Successfully probated lost codicil. 

Integrity.  Experience.  Client Service.