Will, Trust, Estate & Fiduciary Litigation
Mr. Whitlow has unique and specialized experience in the area of Virginia will, trust, estate and fiduciary litigation. The large majority of his practice is devoted to this area of the law. His strength in this area lies not only in his extensive experience, but in his recognition of the complex emotional and familial issues that often drive these disputes. Mr. Whitlow works to achieve positive results for his clients that also take into account the legal and interpersonal issues that exist in this area of Virginia law. Mr. Whitlow’s particular areas of practice in this area include:
- Will contests (both challenging and defending wills);
- Suits related to non-probate assets, such as joint bank accounts, investment accounts, and insurance policies;
- Fiduciary litigation, including removal and defense of executors, administrators, trustees and persons acting under a power of attorney;
- Suits for aid and guidance to interpret or construe wills and trusts; and
- Termination or modification of trusts;
- Disputes relating to estate and trust administration, including interpretation of will and trust documents.
What we have accomplished for our clients
- Obtained judgment in two day trial for father defending an alleged oral contract to make a will claim.
- Mediated a settlement based on undue influence relating to re-titling of brokerage accounts by decedent father shortly before his death.
- Obtained judgment against defendant Executor who could not properly account for the disposition of substantial Estate assets.
- Represented multiple clients in suits for aid and guidance relating to ambiguous or problematic provisions in last wills and testaments, including handwritten additions to typed wills.
- Represented children born out of wedlock in enforcing their inheritance rights relating to biological parents’ estates.
- Represented clients in multiple cases relating to documents sought to be established as a last will and testament despite not complying with the statutory requirements for a last will and testament under Virginia law.
- Represented both executors and beneficiaries under wills and trusts relating to objections to accountings filed with the Commissioner of Accounts.
- Obtained a judgment imposing a constructive trust on assets that should have gone to clients upon their father’s death based on an agreement made by their father.
- Proved an oral contract to make a will at trial.
- Obtained judgment against administrators of estate for improper distributions and breach of fiduciary duty.
- Mediated estate dispute involving a will with multiple non-probate assets.
- Represented beneficiaries of trust and wills in suits against fiduciaries to remove them for beach of fiduciary duties, and to force compliance with fiduciary duties.
- Defended beneficiary of multi-million dollar estate against claims of undue influence.
- Obtained significant settlements for plaintiffs challenging wills on the bases of incompetency and undue influence.
- Terminated irrevocable trusts that had become subject to administrative fees that were excessive and unnecessary.
- Challenged a will on the basis of mental incompetency and undue influence; defendant ultimately agreed that will was invalid without going to trial.
- Helped beneficiaries obtain forced distributions from estate when personal representative refused to make distributions.
