Virginia Trust Litigation Attorneys

Trust Litigation Attorneys

Attorneys design estate plans to help people reach their goals and avoid disputes during administration. Even so, disputes happen from time to time, ranging from accusations of a breach of fiduciary duty to a lack of capacity when creating the trust. Unfortunately, trust litigation can grind administration to a halt and cause emotions to run high between the trustee and the beneficiaries.

Our Virginia trust litigation attorneys strive to limit the impact of disagreements and accusations. Often, the disputes can be resolved outside the courtroom, allowing the trustee to return to his or her duties. However, our attorneys also prepare for court, so we will be ready if an favorable settlement is not possible.

We represent trustees and beneficiaries before and during litigation. Learn more and discuss your situation by contacting our firm today.

Reasons for Trust Litigation

PJI Law represents clients dealing with various types of trust litigation. Common reasons for litigation include:

• Breach of fiduciary duty
• Undue influence or lack of capacity when creating or modifying a trust
• Failure to update beneficiaries
• Mismanaging or wasting assets

This is far from a complete list of the causes of litigation. Regardless of your situation, PJI Law is here to help.

Can a Trust Be Invalidated in Virginia?

Those who have legal standing can file a trust contest to invalidate the trust. The person must also have grounds to prove that the trust is not valid. For instance, beneficiaries can contest the trust if they believe it was created or modified due to undue influence, fraud, or elder abuse. Other reasons to contest a trust include the belief that the grantor was incapacitated or did not have the competence to draft or modify the trust. You can also face legal challenges if there are errors or ambiguities in the trust that invalidate the document.

You can avoid some of these legal issues by having an attorney create a proper trust for you. However, if it is too late and you are already facing a contest, our trust litigation attorneys can help you mount a defense. Contact us today to go over your case.

Removing a Trustee

Our trust litigation attorneys represent trustees and interested parties when action is taken to remove a trustee from his or her duties. You can take action to remove a trustee if he or she fails to keep beneficiaries up-to-date, wastes assets, or uses the property inside a trust for personal gain. Also, failing to take actions based on the interests of the beneficiaries or favoring one beneficiary over another are reasons to remove a trustee. In each instance, it is helpful to have legal representation to collect, analyze, and present evidence on your behalf.

Additionally, you will need legal representation if you are a trustee facing removal proceedings. We can evaluate the evidence and attempt to stop the proceedings. We can also defend you during litigation if needed.

Duty to Defend Claims

If you are a trustee, you are legally required to defend the assets in the trust against legal claims from third parties and beneficiaries. Because this is such an important responsibility, you do not want to act alone. Instead, contact our Virginia trust litigation attorneys to handle your case. Our firm takes a team approach, meaning we will provide ample resources to defend the claim. We also use the latest technology, allowing us to work more efficiently, which in turn can save time and money. Contact us today to learn more about your options for defending the trust against legal claims.

Can You Avoid Going to Court?

When you think of litigation, you likely picture a packed courtroom with both sides fighting it out. However, many of these cases never go to court. Once a claim is filed, your attorney can negotiate with the other side to attempt to resolve it. Settling is more cost-effective and less time-consuming, which is why many people pursue this option first. However, our attorneys will also use the time to prepare for court. Then, if we do not reach a favorable settlement for you, we can represent your interests in court.