Estates & Trust Litigation

When families or beneficiaries get into disputes over an estate or a trust, the emotional impact and legal consequences can be devastating.   Our Estates & Trusts Litigation attorneys have represented personal representatives, trustees and family members in Maryland, Virginia and District of Columbia trial courts and appellate courts.  Our litigators work closely with the firm’s Trusts, Wills and Estate Planning section, as well as with estate planning attorneys from other firms and solo practices.  Our first objective is to help you avoid litigation because of its economic and emotional impacts. 

But sometimes, going to court is the only way to resolve the situation, and in those cases we are prepared to see your case through to the end -- beginning with litigation planning, filing petitions and other court papers, through depositions and discovery, and on through trial and appeals, if necessary.

Here are some examples of our experience.  We have:

  • Litigated will caveat actions
  • Prosecuted and defended actions to remove trustees and personal representatives
  • Handled disputes arising out of spousal share elections
  • Defended estates against contract claims arising out of business dealings and investments made by decedents
  • Handled numerous disputes over whether particular items of personal property or parcels of real estate should be included as probate property
  • Prosecuted actions for breach of fiduciary duty to recover misappropriated estate and trust funds
  • Instituted proceedings against agents, personal representatives and trustees to compel accountings and produce books and records
  • Handled inter partes probate actions
  • Prosecuted actions to establish heirship

The Fiduciary Duties of an Executor of An Estate in Virginia

Executors and administrators of estates in Virginia must swear an oath before the probate clerk that they will “faithfully perform the duties of [their] office to the best of [their] judgment.”  These duties are called “fiduciary” duties and have been established by both the General Assembly as well as the Courts of Virginia.

Filing a petition for Guardianship or Conservator in Virginia

When loved ones become incapacitated and have no estate planning documents in place appointing a guardian or conservator (or when replacement of a current guardian or conservator is necessary), Virginia law allows the filing of a petition with the court to appoint/replace one.

Whiteford Welcomes Prominent Kentucky Litigator Robert Maclin

Whiteford announced today that Robert E. Maclin, III has joined the firm as a Partner in its Lexington, Kentucky, office. Rob has over 30 years of practice throughout the Commonwealth and nationally, and is widely recognized as a leading Kentucky lawyer.

U.S. News Awards Top-Tier Rankings to 46 Whiteford Practices, Including 18 Nationally

Whiteford, Taylor & Preston is pleased to announce that U.S. News and World Report - Best Lawyers ® “Best Law Firms” has awarded the firm exemplary rankings for 2019.  Eighteen of the firm’s practices are ranked at the national level, including two practices with national Tier 1 rankings:  Litigation and Bankruptcy.  At the state level, an additional forty-six practices have been ranked in Maryland, Washington, D.C., and VA.