Legal Question in Wills and Trusts in Virginia

Re: Legal action against a trustee

A settlor, co-Trustee, or any beneficiary of the Trust has the right under VA law to petition for removal of the current Trustee and to question/correct the administration of the Trust and associated accounting and/or tax reports. Available removal grounds may be: breach of trust, Trustee is unfit or unwilling to administer the trust correctly/effectively, Trustee persistently fails to administer the trust correctly/effectively, etc. An action may also exist under VA law for Trustee liability concerning the management of the Trust over time. Further information needs to be developed in connection with the filing of such legal actions. There are a number of fact-specific issues under VA law that need to be carefully worked through concerning the Trust Instrument and the administration of the Trust. An experienced trusts and estates attorney should be able to handle this under VA law. Please note that my legal services are available only with a signed engagement agreement in accordance with the Virginia Rules of Professional Conduct applicable to attorneys licensed in the state of VA. If I can be of any help to you, contact my offices as I would be pleased to provide legal/tax support. Sincerely, Robert Beatson, II; 11-20-2006, 1:25 p.m. EST; Law Offices of Robert Beatson, II; 9818 Glynshire Way, Potomac, MD 20854; email: [email protected]; website: www.beatsonlaw.com; Licensed to practice law in DC, MD, VA, and NY.

Re: Legal action against a trustee

Removal of a trustee and mandating an audit are matters that require motions and good cause to be shown. I strongly suggest you consult with legal counsel familiar with the probate process.

Re: Legal action against a trustee

1. Marshall a good retainer.

2. Have facts to support your claims.

3. Engage an experienced attorney.