Hold executors and trustees accountable, or defend one accused of breaching a duty, for families and fiduciaries across Northern Virginia.
Sources: Code of Virginia §§ 64.2-700 et seq., 64.2-792; Virginia fiduciary law.
Executors, trustees, and other fiduciaries hold the highest duty the law recognizes. When one breaches that duty, through self-dealing, mismanagement, or theft, they can be removed, surcharged to repay losses, and held personally liable. We pursue fiduciaries who have breached, and defend those wrongly accused.
A fiduciary, an executor, trustee, conservator, or agent under a power of attorney, is held to the highest standard the law imposes. They must put the interests of the estate, trust, or person they serve ahead of their own, completely and without exception.
When a fiduciary breaches that duty, by self-dealing, mismanaging assets, taking improper fees, or outright theft, the consequences are serious. A court can remove them, order them to repay losses through a surcharge, and hold them personally liable for the harm caused.
We handle fiduciary litigation on both sides: pursuing fiduciaries who have breached their duties and caused harm, and defending honest fiduciaries against accusations that the facts do not support.
Schedule a ConsultationHolding breaching fiduciaries accountable, or defending honest ones.
Pursue fiduciaries who violated their obligations.
Address fiduciaries who enriched themselves.
Recover losses a fiduciary caused the estate or trust.
Remove a fiduciary who has breached their duty.
Protect an honest fiduciary from unfounded claims.
Resolve fights over a fiduciary’s accounting.
A breaching fiduciary can be removed and surcharged.
We pursue repayment for harm a fiduciary caused.
Wrongly accused fiduciaries deserve a real defense.
Fiduciary duty is the highest the law imposes, and we apply it.
We start with your loss, the estate, and where things stand. We learn what you are facing.
We lay out the filings, deadlines, and decisions ahead, so nothing catches you off guard.
We prepare court filings, inventories, and accountings, and handle the details correctly.
We stay with you through creditor claims, any disputes, and final distribution.
“Fiduciary breaches range from sloppy to shocking. On the mild end, an executor is careless with records. On the severe end, a trustee is quietly moving estate money into their own accounts. Because a fiduciary holds the highest duty the law recognizes, the remedies are strong: courts can remove them and surcharge them, meaning order them to repay what was lost out of their own pocket. I pursue those cases hard when the breach is real. But I also defend fiduciaries who did their honest best and got accused anyway, because that happens too, and the accusation alone can ruin a reputation.”
More on the plans and trusts that name the fiduciaries an estate depends on.
How wills, trusts, and powers of attorney name the fiduciaries who manage an estate.
The trustee role and duties that sit at the center of many fiduciary disputes.
How larger estates structure trusts and the fiduciaries who run them.
Fiduciaries are held to the highest standard. Whether you are pursuing a breach or defending against one, Adam L. Engel, Esq. can help. Serving Northern Virginia.