Litigation Involving Trusts and Estates and Fiduciaries

Virginia Beach Estate Planning Attorney

GANDERSON LAW, P.C. advises clients, as well as fellow attorneys and other professionals such as certified public accountants, with regard to potential issues that may arise in connection with the interpretation of a trust or Last Will and Testament (the “Will”) and also the administration by fiduciaries of their duties under the trust or Will.  This includes a myriad of issues, such as concerns with regard to the mismanagement by a fiduciary of the assets of a trust or estate or the failure of a fiduciary to perform on behalf of a trust or estate in a manner that satisfies his or her fiduciary duties.  GANDERSON LAW, P.C. advises clients on how to avoid these possible issues through careful planning and well-drafted documents, and also seeks to educate fiduciary clients so that they fully understand their duties under a trust or Will.

GANDERSON LAW, P.C. also represents clients with regard to potential litigation issues, such as whether the statutory requirements for executing a Will have been satisfied and whether the creator of a Will or trust had the requisite capacity at the time of execution or creation, respectively.  Depending upon the facts surrounding a potential litigation issue, GANDERSON LAW, P.C. may represent a proponent of the validity of a Will or trust, or, in the alternate, GANDERSON LAW, P.C. may represent one or more individuals or entities who are contesting the validity of all or a portion of a Will or trust.

Will and trust issues are not always yes or no questions such as was the Will or trust valid at its time of execution.  Issues may arise when co-fiduciaries have conflicting opinions with regard to the manner in which to administer a trust estate or probate estate.  Such a disagreement between fiduciaries may cause significant delay in the administration process, especially if court involvement becomes necessary in order to definitively resolve the issue.

Issues may also arise in the event a fiduciary is required to interact with one or more third parties during the administration process.  As an example, when a decedent had an ownership interest (of less than one hundred percent) in a business entity (such as a partnership or limited liability company), the fiduciary and business entity may disagree with regard to the value of the decedent’s interest in such entity.

As further examples, a fiduciary will have to address claims made by potential creditors of the decedent, as well as issues which arise related to the manner of distribution of the trust or estate assets.