Fairfax Will and Trust Dispute Attorneys

Attorneys Representing Executors, Trustees, and Beneficiaries in Estate Disputes in Fairfax, VA

Disputes over wills and trusts can arise during the estate administration process. Families may experience conflict and uncertainty in these situations, and disputes can delay the distribution of assets while causing emotional distress. At Fox & Moghul, our attorneys provide skilled representation for executors, trustees, and beneficiaries involved in will and trust disputes. We work to help our clients resolve these issues while protecting their rights and honoring the intentions of their loved ones.

Reasons a Will May Be Contested

Estate disputes may be related to the validity of a will. Under Virginia law, a will may be challenged for several reasons, including:

• Lack of Testamentary Capacity: To create a valid will, the person making the will (known as the testator) must have the ability to understand the nature of their assets and the decisions being made about who will inherit their money or property. A will may be contested if there is evidence that the testator lacked the proper mental capacity because of illness, dementia, or other factors.
• Undue Influence: Beneficiaries may challenge a will based on the belief that the testator experienced coercion or manipulation, causing them to include provisions in their will that did not reflect their true wishes. Undue influence claims often arise when one beneficiary receives a disproportionately large share of the estate.
• Forgery or Fraud: If a will was signed under false pretenses or if the testator's signature was falsified, beneficiaries or expected heirs may seek to have the will invalidated. Evidence of fraud or forgery may include altered documents or fraudulent claims about the testator's intentions.
• Improper Execution: Under Virginia law, specific formalities must be followed when creating a will for it to be valid. For example, a will must be signed by the testator and witnessed by at least two people. A will that fails to comply with these legal requirements may be contested.

Disputes Related to Will or Trust Administration

Disputes during the administration of an estate may be related to the behavior of the executor, trustees, or other parties who are responsible for managing the estate's assets. Common types of disputes include:

Breach of Fiduciary Duty

An executor has a legal duty to protect the best interests of the estate, while a trustee has the duty to protect the best interests of a trust's beneficiaries. Breaches of this duty may include:

• Mismanagement of estate or trust assets, such as poor investment decisions or failure to preserve property.
• Self-dealing in which the executor or trustee benefits personally at the expense of the beneficiaries.
• Lack of transparency, including failing to provide beneficiaries with accurate or timely information about the administration of an estate or trust.

Failure to Follow Instructions

Executors and trustees are required to carry out the terms of a will or trust as written. Disputes may arise if they:

• Deviate from the testator's or grantor's instructions.
• Distribute assets improperly or fail to distribute them altogether.
• Ignore specific conditions or limitations set forth in the estate plan.

Disagreements Among Beneficiaries

Conflicts may occur between beneficiaries over the interpretation of the will or trust, the value of different assets, or the fairness of asset distributions. These disputes can lead to prolonged litigation that can delay the settlement of the estate.

Creditor Claims and Liabilities

Creditors may file claims against an estate, leading to disputes over the validity or priority of these claims. Executors and trustees must handle these claims carefully to avoid legal challenges and protect the best interests of the estate and the beneficiaries.

How Fox & Moghul Can Help Resolve Will and Trust Disputes

Disputes over wills and trusts will involve multiple legal, financial, and emotional considerations. At Fox & Moghul, our attorneys provide legal representation for executors, trustees, and beneficiaries to help resolve conflicts effectively.

Representation for Executors and Trustees

Executors and trustees who have been accused of misconduct or who face other disputes related to actions when administering an estate or trust can rely on Fox & Moghul to:

• Defend against claims of breaches of fiduciary duty.
• Ensure compliance with the terms of the will or trust.
• Address disputes with beneficiaries or creditors through negotiation or litigation.
• Fulfilling their legal obligations while minimizing personal liability.

Advocacy for Beneficiaries

Beneficiaries who are concerned about the mismanagement of an estate or who believe that they have been treated unfairly can work with Fox & Moghul to:

• Investigate claims of misconduct or breaches of fiduciary duty.
• Challenge improper asset distributions or misinterpretations of the will or trust.
• Pursue legal remedies to protect their rightful inheritances.

Contact Our Fairfax, Virginia Will and Trust Dispute Attorneys

At Fox & Moghul, we have extensive experience representing clients in litigation involving legal disputes. We can provide the legal support you need to help resolve conflicts related to an estate or trust while protecting your rights and interests. Contact us by calling 703-652-5506 to set up a consultation and get help with estate-related concerns.