Litigation

Grieving the loss of a loved one is difficult. You do not need to stand alone during disputes among family members and other interested parties while navigating through your grief. It is important for our clients to know that we are able to provide peace of mind, not just through the planning process, but in the enforcement, protection and defense of established plans during their lifetimes, and beyond.

A legal practitioner must be experienced in this specialized area of Virginia law in order to properly represent clients in issues related to elder law, estate and trust planning, and beneficiary disputes. As such, it makes sense to seek the advice of a litigation attorney with similar experience in this complex area of the law when a dispute arises.

Our litigation practice includes:

  • Challenges to, and defense of estate planning documents;
  • Estate Administration;
  • Trust Administration;
  • Fiduciary Representation;
  • Beneficiary Representation; and
  • Guardianship/Conservatorship matters.

However, the majority of our litigation matters fall under one of the following headings:

FIDUCIARY REPRESENTATION

Personal Representatives and Trustees are the fiduciaries that frequently find themselves on the receiving end of allegations of wrongdoing. This is mainly because they manage the assets and distributions to beneficiaries. The majority of fiduciaries perform their duties and obligations without fault, but oftentimes a beneficiary is not satisfied with the terms and conditions of the estate plan that governs the fiduciary's actions.

BENEFICIARY REPRESENTATION

Though it is true that the majority of fiduciaries act without fault, there are those that use estate and/or trust assets for their personal benefit instead of acting exclusively for the benefit of the beneficiary. Even if the fiduciary is not making decisions for his or her own benefit, he could still manage the assets in a way that is detrimental to the beneficiaries. This may be cause for his removal.

GUARDIANSHIPS & CONSERVATORSHIPS

The appointment of a guardian and conservator for an incapacitated adult is typically a consensual matter. The family member that has been taking care of a parent can obtain the appointment through the normal court process. However, there are those situations where an individual may be financially exploiting the incapacitated adult. She may oppose the appointment of a loved one as guardian and conservator, or she may file a petition to name herself for the appointment. Instances such as these turn into hotly disputed court cases.

If any of these situations sound familiar, give us a call for a litigation consult. It is of the upmost importance that you and your loved ones understand your rights and any claims you may have.

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The Peninsula Center for Estate and Lifelong Planning
461 McLaws Circle
Suite 2
Williamsburg, VA 23185

Phone: 757-847-5596
Phone: 757-969-1900
Fax: 757-969-1903
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