Find Lawyers in Richmond, Virginia for Litigation - Trusts and Estates
Alan Albert is a nationally-honored trial lawyer who has represented clients from Muhammad Ali to multinational corporations in a broad array of commercial disputes, white-collar criminal investigations and prosecutions, intellectual property litigation and other governmental and regulatory matters. Mr. Albert has been recognized in The Best Lawyers in America continuously for the past 20 years, and is one of a small number of lawyers in the country to be recognized by Best Lawyers in six dis...
A seasoned, level-headed attorney committed to practical solutions of family matters Hugh Antrim often works with families on emotionally challenging issues as contested conservatorships and guardianships and the administration of trusts and estates. In the midst of those frequently contentious circumstances, Hugh strives to seek a level-headed way forward for his clients. He finds great satisfaction in achieving a workable resolution – fixing a trust that’s not operating correctl...
About LeClairRyan \ Attorneys Charles M. Sims Riverfront Plaza, East Tower 951 East Byrd Street, Eighth Floor Richmond, Virginia 23219 Phone: 804.343.5091 Fax: 804.783.7655 email@example.com vCard Biography Charles M. Sims is a partner with and heads up LeClairRyan’s Business Litigation Practice. Mr. Sims regularly litigates in federal and state court all manner and types of complex commercial disputes, including claims for officers’ and directors’ liability and p...
Litigation - Trusts and Estates Definition
Trusts and Estates Litigation proceedings encompass a variety of matters including conservatorships, guardianships, will contests, claims or defense of claims of breaches of fiduciary duties by trustees and other fiduciaries (e.g., self-dealing, conflicts of interest, breach of trust), accountings, petitions for court instructions, issues of trust modification and reformation, allegations or protection from allegations of undue influence or fraudulent conveyances, and interpretation, advocacy, or defense of testamentary capacity and decedent’s intent.
The practice of Trusts and Estates also includes litigation prevention matters including review and consultation of the policies, practices, and proposed actions of corporate, charitable, and individual fiduciaries against national or state standards for acceptable fiduciary conduct, such as the Uniform Prudent Investor Act, Uniform Principal and Income Act, and malpractice standards.
All of these proceedings take place under the auspices of state Probate Codes and the nuanced procedures of the probate and surrogate courts – the statutory authority and venue under which nearly all trust, probate, guardianship, and conservatorship matters are adjudicated.
Clients vary widely by case and include corporate or individual fiduciaries, such as trustees, executors, administrators, guardians, and conservators, and also include corporate and individual beneficiaries, conservatees, and wards.
Lawyers practicing in this area combine substantive expertise in their states' laws governing the administration of decedents’ estates, wills and intestate succession, trusts, conservatorships, guardianships, and other fiduciary issues with years of experience trying cases before both judges and juries. Lawyers also must take a collaborative and cross-disciplinary analytical approach with other disciplines such as estate planning, real estate, bankruptcy, corporate, and securities law, as well as complex civil and appellate law.
Beyond the difficult legal proficiencies demanded of lawyers in this practice area, cases involving Trusts and Estates issues also require special skills and experience in dealing with the psychology of difficult family relationships, shattering emotional experiences, such as death and incapacity, and often ill-thought-out estate plans.
In selecting counsel in a Trusts and Estates Litigation matter, it is critical to select experienced counsel as these types of cases are fraught with procedural, ethical, and state and federal tax minefields. The best of the best in this field not only bring substantial litigation and probate court experience, but also have additional skills as mediators, arbitrators, and negotiators in the non-litigated resolution of trust, estate, and protective proceedings controversies, helping resolve extremely difficult cases without costly litigation.
Recognition by Best Lawyers is based entirely on peer review. Our methodology is designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area.
Best Lawyers employs a sophisticated, conscientious, rational, and transparent survey process designed to elicit meaningful and substantive evaluations of the quality of legal services. Our belief has always been that the quality of a peer review survey is directly related to the quality of the voters.
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