Estate Litigation Lawyer | M. Rogers & Assoc.

Estate litigation can arise in many forms, including will contests, trust disputes, breaches of fiduciary duty, and disagreements over the administration of an estate. We offer compassionate, strategic, and effective legal representation to help you handle estate-related conflicts in Hampton Roads.

What is Estate Litigation?

Estate litigation involves legal disputes concerning the administration of a deceased person's estate, the interpretation of their will or trust, or the behavior of those with a fiduciary duty to manage the estate. These disputes can occur between family members, heirs, beneficiaries, executors, trustees, or others involved in the estate or trust.

Types of Estate Litigation Cases We Handle

At M. Rogers & Associates PLLC, we represent clients in a wide range of estate-related disputes, including the following:

Will Contests

A will contest is a legal challenge to the validity of a will. Common grounds for contesting a will include:

Undue Influence: Claiming that the decedent was coerced or manipulated into creating or changing a will.
Lack of Testamentary Capacity: Arguing that the decedent did not have the mental capacity to understand the nature and extent of their estate or the impact of their decisions at the time the will was executed.
Fraud or Duress: Alleging that the will was signed under false pretenses or pressure or that the decedent was misled about its contents.
Improper Execution: Asserting that the will was not properly executed according to Virginia's legal requirements.

Trust Disputes

Trust disputes arise when a person challenges a trust or when there are disagreements about the administration or interpretation of a trust. A trust litigation attorney can assist with the following:

Disputes Over Validity of Trust: Claiming undue influence or lack of capacity when the trust was created.
Disputes Over Trust Terms: Beneficiaries or trustees may disagree on the meaning of certain trust provisions or on how the trust should be administered.
Breach of Trust: If a trustee fails to uphold their fiduciary duties, beneficiaries may need to take legal action to hold the trustee accountable.
Trustee Removal: In mismanagement or misconduct, a trustee may need to be removed.

Breach of Fiduciary Duty

Executors, administrators, and trustees are legally obligated to act in the estate's and its beneficiaries' best interests. When they breach this duty, they can be held accountable. Examples of breach of fiduciary duty include:

Mismanaging estate assets
Failing to distribute assets according to the will or trust
Failing to disclose important information to beneficiaries
Self-dealing or using estate funds for personal gain

Estate Administration Disputes

Disputes can arise regarding the proper administration of an estate, such as:

Executor Conflicts: When multiple executors disagree on administering the estate, beneficiaries may become involved.
Probate Disputes: Problems may arise during the probate process regarding asset collection, valuation, or distribution.
Estate Tax Issues: Disagreements over the payment of estate taxes, mainly if there is a question about the value of estate assets.

Disputes Among Beneficiaries

Disagreements among family members or other beneficiaries can be a common source of estate litigation. These disputes may arise over the interpretation of the will, the distribution of assets, or concerns about the actions of the executor or trustee.

What Sets Us Apart?

Experienced Estate Litigation Lawyer

The team at M. Rogers & Associates PLLC handles complex estate disputes, from will contests to trust litigation.

Personalized Legal Services

Your unique situation gets tailored advice and strategies.

Compassionate Guidance

We offer compassionate guidance while protecting your rights.

Skilled at Negotiation & Trial

We seek amicable resolutions but are ready for court if needed. Mandy is a highly experienced litigator who understands the complexities of the legal system. She is familiar with the District and Circuit Courts throughout Hampton Roads.

Commitment to Results

Our goal is the best possible outcome for you. We take the time to explain the process, discuss possible outcomes, and establish clear expectations.

Partner With an Estate Litigation Attorney Today

At M. Rogers & Associates PLLC, we understand that estate disputes can be emotional, complex, and financially taxing. Whether you are dealing with contested wills, disputes over trusts, or conflicts among heirs, we are here to guide you through the legal process and protect your rights.

Disclaimer

The content on this website is for informational purposes only and is not legal advice. Please consult a licensed attorney in Virginia for advice specific to your situation.