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...more
11/3/2025
/ Accounting ,
Beneficiaries ,
Estate Planning ,
Fiduciary Duty ,
Guardianships ,
Personal Representatives ,
Power of Attorney ,
Statutory Interpretation ,
Statutory Requirements ,
Trusts ,
Virginia
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...more
10/8/2025
/ Depositions ,
Discovery ,
Discovery Costs ,
Document Productions ,
Interrogatories ,
Jurisdiction ,
Litigation Strategies ,
Rules of Civil Procedure ,
State Courts ,
Subpoena Duces Tecum ,
Subpoenas ,
Trial Preparation ,
Trusts ,
Virginia
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...more
10/8/2025
/ Beneficiaries ,
Estate Planning ,
Executors ,
Fiduciary Duty ,
Heirs ,
New Legislation ,
Probate ,
Transfer on Death Deed (TOD) ,
Trustees ,
Trusts ,
Uniform Trust Code ,
Virginia
Virginia has specific provisions for those wishing to arrange for the disposition of their body upon their death. Virginia Code § 54.1-2825 states that any person can create a signed, notarized document identifying who the...more
9/16/2025
/ Dispute Resolution ,
Estate Planning ,
Executors ,
Guardians ,
Guardianships ,
Heirs ,
Judicial Authority ,
New Legislation ,
Notice Requirements ,
Probate ,
Probate Courts ,
Statutory Requirements ,
Virginia ,
Wills
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...more
8/5/2025
/ Beneficiaries ,
Breach of Trust ,
Conflicts of Interest ,
Creditors ,
Duty of Care ,
Duty of Loyalty ,
Executors ,
Fiduciary Duty ,
Good Faith ,
Personal Representatives ,
Probate ,
Probate Courts ,
Virginia ,
Wills
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...more
8/5/2025
/ Conservators ,
Court-Appointed Guardians ,
Elder Care ,
Elder Issues ,
Filing Requirements ,
Guardianships ,
Incapacitated Persons ,
Jurisdiction ,
Notice Requirements ,
State Courts ,
Statutory Requirements ,
Virginia