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
When a loved one leaves you a life estate in land that has natural resources (like timber, minerals, or natural gas), you receive the right to use and enjoy the property during your lifetime. But that right comes with limits designed to protect the “remainder” owners, the people who will own the property after your life estate ends. In Virginia, those limits matter a lot when it comes to cutting timber, mining coal, or using other natural resources on the land.
The Virginia Court of Appeals recently ruled, in the case of Teel v. Teel, on a dispute involving the elective share of a surviving spouse and allegations that such spouse abandoned the marriage.
This ruling provides helpful guidance for how a Virginia court would resolve such a dispute.
Under the Court of Appeals ruling, Sue Anderson Teel lost her right to a share of her late husband Gene “Bull” Atkins Teel’s estate due to intentional abandonment, pursuant to Virginia Code § 64.2-308.14(E).
Despite being married since 1988 and never divorcing, the surviving spouse was found to have “willfully deserted” Bull, who left his estate to his brother.
Regarding the elective share, under Virginia Code § 64.2-308.3(A), a surviving spouse can claim 50% of the marital property portion of the augmented estate (subject to the limitations and conditions contained in the Virginia Code), but this right is forfeited if the surviving spouse willfully leaves the marriage.
The Virginia Court of Appeals employed a 2018 Supreme Court framework to assess the issue of abandonment, focusing on the surviving spouse's actions and intent.
In this case, the evidence showed that the surviving spouse moved out, had minimal contact and engaged in a new relationship, indicating her intent to end the marriage.
The case highlights the importance of documenting circumstances related to abandonment in estate planning.
Owning property with the right of survivorship can sometimes create conflicts with the terms of a person’s will. This can lead to confusion, unintended outcomes, and even disputes. Disputes about right of survivorship retitlings of property (for example, real property or other property including bank accounts) are fairly common in estate dispute matters.
When someone acts as an agent under a power of attorney, they are entrusted with significant responsibility over another person’s property, finances, and affairs. Disputes may arise regarding what the agent is doing or has done pursuant to the power of attorney.
In Virginia, once a lawsuit is filed, the door is open for the litigants (parties to a lawsuit) to engage in “discovery”. As a general matter, discovery is the set of formal processes whereby the parties can obtain information and documentation from each other and third parties in order to investigate their claims and defenses and prepare their cases for trial.
The Virginia General Assembly passed several laws that affect trust and estate litigation in Virginia in 2025. They include more protections for estate planners, simplification of transfer-on-death deed revocation under certain circumstances, and changes in multiple financial figures in several statutes. These are important updates to note for trustees, executors, estate administrators, attorneys, and beneficiaries.
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.
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.
83 lawyers from Whiteford have been selected by their peers for inclusion in The Best Lawyers in America® 2026. The lawyers selected are based in the firm’s Delaware, Florida, Kentucky, Maryland, New York, Virginia and Washington, DC offices. Client comments are posted on the Best Lawyers website, at bestlawfirms.com.
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.
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.
Whiteford Taylor & Preston LLP is very gratified to announce that the firm has once again received exemplary ratings in the fifth annual U.S. News & World Report rankings of law firms.
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