After the death of a loved one, disputes over an estate can quickly turn emotional, especially when they involve family members. These conflicts are often among the most challenging cases seen in court, and they can also put the estate’s assets at risk of being depleted through litigation.

At MichieHamlett, our attorneys have extensive experience handling disputes involving trusts and estates. Whether you are defending an estate or challenging it, we can provide the skilled representation you need. If you are facing trust litigation in Charlottesville, contact our talented trusts attorneys today to learn more about how we can assist you.

Types of Disputes

Estate litigation takes many forms and can include:

  • Will contests. The will submitted to probate might not be legal because the testator lacked capacity or for some other reason. If the will is struck down, a prior will might spring into being or the estate could pass via Virginia’s intestacy laws.
  • Elective share claims. A person cannot disinherit their spouse. Instead, the elective share law gives the spouse a right to a certain percentage of the estate, unless they waived this right in a valid agreement.
  • Trust litigation. A trust can be challenged just like a will and for often the same reasons. Sometimes a person wants to invalidate the entire trust, whereas in other situations a judge needs to determine what vague language means so the trust can be administered properly.
  • Fiduciary duty disputes. Executors and trustees owe certain duties to beneficiaries, such as the duty not to engage in self-dealing. When fiduciaries violate these rules, beneficiaries are harmed.
  • Guardianship or conservatorship disputes. Allegations that a guardian or conservator is failing in their duties are common. In other situations, a ward wants to fight off the guardianship.
  • Creditor claims. The deceased might have owed money at death. These creditors can make a claim on the estate, and the executor must allow or disallow the claim. Disputes can erupt over the validity of the claim.

To determine the validity of the dispute, you should meet with an attorney who can review all the facts known. Some disputes turn on simple matters of interpretation, whereas others require intense amounts of evidence.

Who We Represent

Many people might be interested in bringing a claim. For example, disappointed spouses or heirs could challenge a will or trust. We have also represented executors who are charged with defending the estate.

When it comes to creditor claims, we can help creditors press their claims in court or assist the estate in fighting them off. Clients benefit from the fact that we have been on “both sides of a courtroom.” We know what the other side will argue and can plan appropriately.

Sensible Trust Litigation Solutions in Charlottesville

Not every estate dispute needs to end up in court, where it can drag on for years and drain the estate’s assets. Many trust and estate conflicts can be resolved through mediation or arbitration, which often provide privacy and faster resolutions.

At MichieHamlett, our attorneys handle trust litigation in Charlottesville with a focus on efficiency and results. We will protect your rights while keeping an eye on the bottom line. Contact us today to schedule a free consultation.