Reasonable Solutions To Estate And Fiduciary Litigation
Virginia law takes the responsibility of being a fiduciary very seriously. An executor, guardian or trustee holds tremendous power over an estate, individual or trust. Litigation often arises after a ward, beneficiary, heir or other party accuses the fiduciary of mismanagement, fraud or outright theft.
Such litigation can be needlessly expensive and damaging to all parties if not appropriately handled. Our attorneys at Bowen Ten Long & Bal, PC, have more than 125 years of combined experience in civil litigation. We can help you navigate your dispute involving the fiduciary responsibilities of yourself or another party.
What Is A Fiduciary Duty?
A fiduciary duty arises whenever a court appoints an individual to have a position of trust over another. In estate law, this includes executors of estates, trustees, guardians and powers of attorney. A fiduciary responsibility also occurs when someone voluntarily assigns someone else to be their guardian or power of attorney. Essentially, the fiduciary duty requires someone with financial power over someone else to act in the second person’s best interests. If they do not, under the law, they have breached their duty and are liable for any resulting damages suffered by the second party.
Our firm represents both plaintiffs and defendants in fiduciary litigation. Whether a fiduciary’s actions have harmed you or you are defending yourself against dubious accusations, our lawyers have the resources and experience necessary to represent you in court.
Common Examples Of A Breach
Examples of fiduciary duty breaches include:
- An executor who does not distribute the estate’s assets according to the terms of the will
- A trustee who fails to properly manage and maintain the assets in the trust, causing their value to drop rapidly
- A guardian who embezzled money intended for the ward’s care
Breaches like these can cost vulnerable people hundreds of thousands of dollars or more. From the other perspective, an untrue accusation might lead to an innocent person being forced to pay a considerable verdict – without the proper defense. Bowen Ten Long & Bal, PC, always strives to reach a just outcome that sets things right.
Don’t Hesitate To Call Us
If you are involved in a dispute involving an estate or a fiduciary, you may not have much time to take action. Contact Bowen Ten Long & Bal, PC, at 804-767-6850 to schedule a consultation. You may also reach us via email. We have offices in Richmond and Hanover for your convenience.