Virginia Estate Litigation Attorneys

Estate Litigation Attorneys

Dealing with a death in the family is never an easy task, but it becomes more complicated when disputes arise when settling the estate. Then, you are left managing your emotions while also defending your rights to the estate. This can make it hard to see clearly, meaning you might be unsure what steps to take.

Fortunately, you do not have to go through this alone. Our Virginia estate litigation attorneys can start the process by trying to resolve the dispute outside of court. Additionally, we will prepare to take the case to trial if needed.

This is an emotional time, so it is crucial to have an experienced attorney to help you navigate the process. Reach out to our firm today to discuss your situation.

Reasons for Estate Litigation

PJI Law represents clients in various types of estate litigation. Some common reasons for litigation include:

• Will contests
• Breach of fiduciary duty
• Creditor claims

These are just some of the types of cases our Virginia estate litigation attorneys handle. Contact us today to learn more.

Contesting a Will in Virginia

People with legal standing can contest a will in Virginia. You have legal standing if you are a beneficiary of the will, or you can contest the will if you would have inherited property based on Virginia’s laws of intestacy but were left out of the will.

You have to prove that the will is invalid in order to contest it successfully. Some reasons for invalidating a will include undue influence, fraud, and lack of mental capacity when drafting or revising the document. You can also contest it if it does not follow legal procedure or was revoked.

PJI Law represents clients on both sides of the courtroom. If you feel the will is not valid, we can present your claim to the court. However, if someone has made a claim against a valid will, we can also present evidence to support your defense.

Breach of Fiduciary Duty

Administrators of estates and trustees are tasked with safeguarding the assets of the estate or trust. If you think an administrator or trustee has put the assets at risk, you can file a claim based on breach of fiduciary duty. For instance, you can file such a claim if you believe the trustee has misappropriated assets.

First, it is important to see if you have a valid legal claim. Our Virginia estate litigation attorneys can review the evidence and go through your legal options. If the other party has breached his or her fiduciary duty, we can take the case to court.

Creditor Claims

Paying creditors is one of the duties that the estate administrator must complete before distributing the property. Unfortunately, creditors might make claims for money that you do not think the deceased owed. When that happens, an estate litigation attorney can have the creditor validate the debt. If the debt is not valid, the lawyer can then present the case in court to have the court drop the claim. However, if it is valid, your attorney can explore additional legal options to assist you.

How to Avoid Estate Litigation

If at all possible, you would like to avoid estate litigation. You can protect your estate and family members by working with an attorney to draft all of your estate planning documents, including the will and trust. Also, talk to your family members about your estate plan after it is complete. This will open up the lines of communication and allow everyone to discuss their thoughts and concerns. By doing this, you can greatly reduce the risk of disputes after you pass away. Then, you will not have to worry about drawn-out litigation adding to your family’s stress while grieving.