In addition to estate planning and administration services, Hirschler Fleischer's trial attorneys have broad experience in all aspects of dispute resolution arising from or related to trusts or estates including challenges to testamentary documents on the basis of lack of capacity or undue influence; suits to construe operative language or obtain aid and guidance on a contested issue of administration; fiduciary accountings; compelling distributions from a trust or estate; bringing or defending charges of fiduciary misconduct and/or matters related to removal or substitution of fiduciaries.
One particularly large matter involved representation of an estate beneficiary against a doctor and attorney who had largely taken over control of her business affairs. The case resulted in a multi million dollar recovery which was used to fund the creation of a private charitable foundation which exists to this day. One of our trial attorneys, Charles "Rick" Witthoefft, sits on the Board of the Foundation and directs disbursements to local charitable causes. Another estate which was concluded through litigation handled by Hirschler Fleischer attorneys involved a collection of antique aircraft which became the core collection of the Virginia Aviation Museum at Richmond International Airport.
Two of our cases in this area have resulted in reported Virginia Supreme Court decisions, Little v. Ward, 250 Va. 3, 458 S.E.2d 586 (1995) involving defense of efforts to remove a fiduciary and Riverside Healthcare Association, Inc. v. Forbes, 281 Va. 522, 709 S.E.2d 156 (2011) involving construction of the Uniform Principal and Income Act. Notwithstanding our experience in trying cases in this area, Hirschler Fleischer trial attorneys regard as far more successful the cases where we have been able to secure prompt closure of an estate or distributions to beneficiaries through mediation or settlement.