With the amount of wealth created in American households over the last 100 years, it is not surprising to see significant disputes arise over inheritance issues among family members. When a person dies, or even before dying, their wealth is placed in the hands of someone, such as a trustee or an executor, who has a fiduciary duty to manage the wealth properly and to make sure it is given at the appropriate time to the beneficiaries who were entitled to receive it as part of their inheritance.
Sometimes, these people do not do what they are supposed to do. When that happens, it is necessary to have an attorney take action in court. Often, these disputes can be resolved out of court. But sometimes they cannot. It is important to have an experienced Richmond trial attorney on your side in those situations.
We Do Not Draft Wills, Trusts, and Estate Plans.
We Take Action in Court When Those Plans Are Not Implemented Properly
Here are some of the ways The Mottley Law Firm can help you:
Sometimes, it is necessary to go to court to challenge (i.e. “impeach”) what others are claiming is the last will of a deceased person.
It is not uncommon for disputes to arise over the interpretation and handling of trust by a trustee.
Powers of attorney are a dangerous thing when placed in the hands of the wrong person. Legal action is sometimes necessary to keep that person from looting an estate.
Breach of Fiduciary Duty
Do you think that an executor, trustee, or agent under a power of attorney document is helping themselves to someone’s assets? This may very well be a breach of fiduciary duty, which gives rise to a legal claim for damages under Virginia law.
Breach of Trust
When a trustee does not do what the trustee is supposed to do, this may be considered a breach of trust under Virginia law, which gives rise to a claim for damages against the trustee.
In Virginia, disputes involving executors, administrators, and other fiduciaries are sometimes intially heard before a Commissioner of Accounts rather than a court.
When a person is incapable of handling their own affairs, the difficult decision to have a court appoint a guardian or conservator for that person may be necessary.