When families or beneficiaries find themselves in disputes over an estate or a trust, the legal issues are often highly complex and the financial stakes substantial. Moreover, the emotional impact can be devastating. At Whiteford, we have decades of experience guiding clients through contested matters.
From the outset, our objective is to help clients avoid the economic and personal costs of litigation. But when going to court is the only way to resolve a dispute, we advise at every stage of the litigation process, beginning with litigation planning, filing petitions and other court papers, through depositions and discovery, and on through trial and appeals if necessary. We are experienced advisors on contested matters in Virginia, Maryland, the District of Columbia, Kentucky and Florida.
In addition to working closely with estate planning attorneys at Whiteford, we also routinely work with estate planning attorneys at other firms. In fact, a great many of the referrals we receive are from other law firms.
Our experience is comprehensive and includes all of the following:
Will Contests and Disputes
Trust Disputes
Estate Disputes and Claims Involving Executors/Personal Representatives
Probate Issues and Estate Administration Disputes
Breach of Fiduciary Duty Claims
Claims of Undue Influence
Guardianships & Conservatorships
Power of Attorney Disputes
Appeals
Life Estate Disputes
Land Use/Partition and Disputes Relating to Real Property
Injunction Actions
Hearings before the Commissioner of Accounts (Virginia), Register of Wills (Maryland), and Courts Related to Estate Administration
We regularly publish articles and insights on topics of interest relating to estates, trusts and fiduciary litigation, which can be accessed here.
Each year, the Virginia General Assembly enacts changes to the Commonwealth's estate, trust and fiduciary laws. While many of the 2026 amendments are procedural rather than sweeping, they provide greater clarity for estate administration, trust management, powers of attorney, and guardianship proceedings.
After the death of a loved one, discovering whether a will exists is often one of the first questions family members ask. When a person refuses to provide a copy of the will or fails to file it with the probate court, beneficiaries and heirs may be left wondering what legal rights they have. Virginia law provides remedies that may allow interested parties to compel production of a deceased person's will and other testamentary papers.
After the death of a loved one, discovering whether a will exists is often one of the first questions family members ask. When a person refuses to provide a copy of the will or fails to file it with the probate court, beneficiaries and heirs may be left wondering what legal rights they have. Virginia law provides remedies that may allow interested parties to compel production of a deceased person's will and other testamentary papers.
When multiple people inherit real property, a wide variety of potential disputes and problems can arise. A common scenario is when a parent leaves real property to their children in their will or trust (like a home or a farm).
If you and your siblings (or others) inherit a Virginia property, you likely take title as “tenants in common.” That arrangement carries specific rights and obligations, especially if not everyone agrees on what to do with the home. Below is a basic overview to help you spot issues and consider next steps.
When multiple people inherit real property, a wide variety of potential disputes and problems can arise. A common scenario is when a parent leaves real property to their children in their will or trust (like a home or a farm).
If you and your siblings (or others) inherit a Virginia property, you likely take title as “tenants in common.” That arrangement carries specific rights and obligations, especially if not everyone agrees on what to do with the home. Below is a basic overview to help you spot issues and consider next steps.
Serving as an executor (when there is a will) or an administrator (when there is no will) is a position of trust. In a prior post, we described how Virginia law imposes fiduciary duties on these individuals to protect the estate and act in the best interests of beneficiaries. When executors/administrators breach those duties, the consequences can be serious both for the estate and for the fiduciary personally. This article outlines common grounds for breach of fiduciary duty and potential legal consequences.
Serving as an executor (when there is a will) or an administrator (when there is no will) is a position of trust. In a prior post, we described how Virginia law imposes fiduciary duties on these individuals to protect the estate and act in the best interests of beneficiaries. When executors/administrators breach those duties, the consequences can be serious both for the estate and for the fiduciary personally. This article outlines common grounds for breach of fiduciary duty and potential legal consequences.
Most people are familiar with the concept of inheriting property under a deceased person’s will. As a general matter, if there is a specific bequest of property under a will, the executor is obligated to make the conveyance of the property during the administration of the estate. Such a specific bequest in a will could be as straightforward as “I leave my car to my spouse.”
In addition to specific bequests in wills, there are also special statutory claims that spouses and certain others can make against a person’s estate. Notably, these claims can arise whether the deceased person leaves a will or not. When a person dies without a will, the estate passes via intestate succession or intestacy, which we discussed in a prior post. This post will address the basics of these special claims: the family allowance, the homestead allowance, and the exempt property allowance.
Most people are familiar with the concept of inheriting property under a deceased person’s will. As a general matter, if there is a specific bequest of property under a will, the executor is obligated to make the conveyance of the property during the administration of the estate. Such a specific bequest in a will could be as straightforward as “I leave my car to my spouse.”
In addition to specific bequests in wills, there are also special statutory claims that spouses and certain others can make against a person’s estate. Notably, these claims can arise whether the deceased person leaves a will or not. When a person dies without a will, the estate passes via intestate succession or intestacy, which we discussed in a prior post. This post will address the basics of these special claims: the family allowance, the homestead allowance, and the exempt property allowance.
With the rising popularity of people using revocable living trusts in conjunction with, or as alternatives to, wills, trust contests are an increasingly common type of estate dispute.
As a general matter, a trust is a fiduciary relationship with respect to property. Trusts normally come in the form of a written instrument, although it is possible to have an oral trust. A trust instrument is a legal document creating a trust, which typically sets forth the terms for the handling and disposition of trust assets. Common trust terms typically include the identification of the trustee and successor trustees, the identification of beneficiaries, the terms regarding the disposition of assets, the parameters for the payment of principal and income, and the trustee’s powers. A person may revoke or amend a revocable living trust, or even execute a new revocable living trust, as they deem fit.
With the rising popularity of people using revocable living trusts in conjunction with, or as alternatives to, wills, trust contests are an increasingly common type of estate dispute.
As a general matter, a trust is a fiduciary relationship with respect to property. Trusts normally come in the form of a written instrument, although it is possible to have an oral trust. A trust instrument is a legal document creating a trust, which typically sets forth the terms for the handling and disposition of trust assets. Common trust terms typically include the identification of the trustee and successor trustees, the identification of beneficiaries, the terms regarding the disposition of assets, the parameters for the payment of principal and income, and the trustee’s powers. A person may revoke or amend a revocable living trust, or even execute a new revocable living trust, as they deem fit.
In the realm of litigation, the concept of “spoliation” of evidence is a critical issue. Spoliation refers to the destruction or alteration of evidence that could be pertinent to a legal proceeding. A recent case decision from the Virginia Court of Appeals highlights the importance of this issue and offers valuable lessons for those involved in potential will contests in Virginia.
In the realm of litigation, the concept of “spoliation” of evidence is a critical issue. Spoliation refers to the destruction or alteration of evidence that could be pertinent to a legal proceeding. A recent case decision from the Virginia Court of Appeals highlights the importance of this issue and offers valuable lessons for those involved in potential will contests in Virginia.
Some people may assume that if they do not make a will, their assets will “automatically” go to their spouse or children. But Virginia’s intestacy laws do not always align with what families expect.
Dying without a will, known as dying intestate, means that the state’s statutory framework determines who inherits the person’s property.
Some people may assume that if they do not make a will, their assets will “automatically” go to their spouse or children. But Virginia’s intestacy laws do not always align with what families expect.
Dying without a will, known as dying intestate, means that the state’s statutory framework determines who inherits the person’s property.
In addition to will contests, many estate disputes involve challenges to other estate-related documents such as beneficiary designations, pay-on-death designations (sometimes referred to as “POD”), or transfer-on-death designations (sometimes referred to as “TOD”). In Virginia, these types of challenges are increasingly common and can involve significant assets that pass entirely outside of probate. These transfers pass outside of probate and are not controlled by the will. However, they remain subject to legal challenges based on lack of capacity, fraud, undue influence, or forgery.
In addition to will contests, many estate disputes involve challenges to other estate-related documents such as beneficiary designations, pay-on-death designations (sometimes referred to as “POD”), or transfer-on-death designations (sometimes referred to as “TOD”). In Virginia, these types of challenges are increasingly common and can involve significant assets that pass entirely outside of probate. These transfers pass outside of probate and are not controlled by the will. However, they remain subject to legal challenges based on lack of capacity, fraud, undue influence, or forgery.
Being named as executor of an estate in Virginia is a significant responsibility. You are expected to administer the estate according to the terms of the will, manage assets prudently, and act in good faith toward all beneficiaries. But what happens when a beneficiary, or someone who expected to be a beneficiary, decides to challenge the will you are tasked with carrying out?
Being named as executor of an estate in Virginia is a significant responsibility. You are expected to administer the estate according to the terms of the will, manage assets prudently, and act in good faith toward all beneficiaries. But what happens when a beneficiary, or someone who expected to be a beneficiary, decides to challenge the will you are tasked with carrying out?
In Virginia, when a person (the principal) signs a power of attorney (POA), they authorize an agent to act on their behalf. Transparency is essential. If an agent will not provide information, concerned loved ones must act promptly to protect the principal’s interests while respecting privacy and legal limits. Virginia law provides several avenues for requesting information relating to an agent’s actions under a Power of Attorney. Virginia law provides certain individuals the right to request an accounting of the agent’s actions. Understanding how a request can be made and what information can be requested is crucial for both agents and those concerned about the welfare of the principal.
In Virginia, when a person (the principal) signs a power of attorney (POA), they authorize an agent to act on their behalf. Transparency is essential. If an agent will not provide information, concerned loved ones must act promptly to protect the principal’s interests while respecting privacy and legal limits. Virginia law provides several avenues for requesting information relating to an agent’s actions under a Power of Attorney. Virginia law provides certain individuals the right to request an accounting of the agent’s actions. Understanding how a request can be made and what information can be requested is crucial for both agents and those concerned about the welfare of the principal.
Will contests are among the most common and also the most emotionally charged types of estate disputes. A will is a legal document setting forth a person’s directions for the disposition of their probate estate upon their passing. As a general matter, a person may revoke a prior will and execute a new will as they deem fit.
Will contests are among the most common and also the most emotionally charged types of estate disputes. A will is a legal document setting forth a person’s directions for the disposition of their probate estate upon their passing. As a general matter, a person may revoke a prior will and execute a new will as they deem fit.
Families often confuse the roles of an Agent under a Power of Attorney and an Executor or Administrator of an Estate. Understanding the distinction is essential to minimizing disputes and ensuring proper estate management. Understanding the distinction is also critical in evaluating your potential recourse in the event of a dispute involving one or both of these fiduciaries.
Families often confuse the roles of an Agent under a Power of Attorney and an Executor or Administrator of an Estate. Understanding the distinction is essential to minimizing disputes and ensuring proper estate management. Understanding the distinction is also critical in evaluating your potential recourse in the event of a dispute involving one or both of these fiduciaries.
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.
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.
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.
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.
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.
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.
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.
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.
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.
87 lawyers from Whiteford have been selected by their peers for inclusion in The Best Lawyers in America® 2027. The attorneys 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 is pleased to announce that Mariam Tadros Remy has joined the firm as a Litigation Partner. She will be based in the firm’s Falls Church, Virginia, office.
Whiteford is pleased to announce that Mariam Tadros Remy has joined the firm as a Litigation Partner. She will be based in the firm’s Falls Church, Virginia, office.
Whiteford is pleased to welcome Joseph K. Jones and Benjamin J. Wolf to the firm in New York as Senior Counsel and Counsel, respectively. In joining the firm, they will also open a Whiteford location in New Jersey in the coming months.
Whiteford is pleased to welcome Joseph K. Jones and Benjamin J. Wolf to the firm in New York as Senior Counsel and Counsel, respectively. In joining the firm, they will also open a Whiteford location in New Jersey in the coming months.
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.
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 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 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.
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.
