A Norfolk attorney accused of mismanaging multiple trusts and charging excessive fees in the pro­cess will have to pay over $2.5 mil­lion in damages. Chesapeake Circuit Judge John W. Brown found June 20 that Philip R. Far­thing of Norfolk breached ...

Tagged with: Chesapeake Circuit Court Judge John W. Brown Wills & Trusts

A family business that operated a miniature golf course in Virginia Beach and whose majority owner died, cannot recoup “excessive compensation” paid to the minority owner, decedent’s son, who operated the business, says a Virginia Beach Circuit Court. The executor ...

Tagged with: Judge David W. Lannetti Norfolk Circuit Court Virginia Circuit Courts Wills & Trusts

After imposing a constructive trust against a woman’s niece and former attorney-in-fact, who allegedly used the woman’s personal funds to pay for the niece’s home improvements and personal expenses, the Alexandria U.S. District Court grants summary judgment to plaintiffs, the ...

Tagged with: Judge Liam O'Grady U.S. District Court - Eastern District Wills & Trusts

In this dispute between the testator’s children who served as executors of her estate and a daughter to whom the testator deeded her home and all her personal property in the home, the trial court erred in striking the executors’ ...

Tagged with: Justice Elizabeth A. McClanahan Supreme Court of Virginia Wills & Trusts

A neighbor of an elderly man who became friendly with him and offered to manage his personal affairs and assist with estate planning, and who then became trustee, attorney in fact and executor of trusts and of his holographic will, ...

Tagged with: Fauquier County Circuit Court Judge Jeffrey W. Parker Wills & Trusts

In this med-mal case with a “long and tortured procedural path” due to plaintiff’s counsel’s mixed signals about the elderly plaintiff’s personal capacity to sue and her lawyer’s filing of petitions for appointment of a guardian or conservator, and efforts ...

Tagged with: Hon. David Lannetti Norfolk Circuit Court Wills & Trusts

An Alexandria U.S. District Court imposes a constructive trust against a woman’s niece and former attor­ney-in-fact who allegedly used $573,729 of the woman’s personal funds to pay for home improvements and personal ex­penses; plaintiffs, the woman’s current attorneys-in- fact, have ...

Tagged with: Judge Liam O'Grady U.S. District Court - Eastern District Wills & Trusts

Although a woman left the marital home six weeks before husband died, and moved in with her daughter to avoid her terminally ill husband’s pres­sure to sign documents reducing her property rights, a Shenandoah County Circuit Court says she did ...

Tagged with: Judge Dennis Lee Hupp Shenandoah County Circuit Court Wills & Trusts

Under the broad power of attorney a grantor gave to his daughter as succes­sor attorney-in-fact upon the death of his wife, the daughter and her brother were authorized to create inter vivos trusts that disinherited prospective heirs of the wife ...

Tagged with: Judge Stephen R. McCullough Supreme Court of Virginia Wills & Trusts

The beneficiary of a separate, unfund­ed subtrust does not have standing to directly sue the trustee of a primary trust for mismanagement, and he can­not bring a derivative action against the trustee because any claims he may have are unripe; ...

Tagged with: Fairfax County Circuit Court Wills & Trusts