How To Remove A Trustee Or Executor In Virginia

Introduction

            If you believe the executor handling the administration of a will or estate or trustee handling the administration of a trust of which you are a beneficiary or interested party is mishandling the administration of the estate or trust in Virginia, you may want to consider filing to remove the individual as executor or trustee with our firm, Smith Strong, PLC. While it can be a difficult process, it is a necessary course of action if the executor’s or trustee’s actions are severely impacting the beneficiaries or the value of the estate of trust. Cause to remove an executor or trustee arises if the executor or trustee has breached their fiduciary duties in handling the assets or distribution of the will, estate, or trust.

Breaches of Fiduciary Duty

            Breaches of fiduciary duty can come in many forms. Improperly filing required accountings with the Commissioner of Accounts or refusing to provide beneficiaries with information regarding the administration of the estate when requested by the beneficiaries are basic examples. A more serious examples, which is unfortunately common in situations where a breach of fiduciary duty is present, is self-dealing.

            Generally speaking, self-dealing is when the fiduciary (i.e., an executor or trustee) acts in their own best interest rather than the best interest of the beneficiaries. Using estate or trust funds for personal use, such as withdrawing funds from an estate or trust bank account and spending them on personal affairs, is a common example of self-dealing. Another common example of self-dealing is withholding personal property items of the decedent and keeping them as their own, such as furniture or collectible items like coin or stamp collections. If there are multiple pieces of real estate being held as estate or trust assets, the executor or trustee may even sell one or multiple properties and keep the proceeds for themselves or use the proceeds to purchase additional real estate for personal use.

Removal of an Executor or Trustee

            As mentioned above, removal of an executor or trustee is a complex process. It involves our firm filing a lawsuit on your behalf in the Circuit Court of the county where the decedent or maker of the trust resided and presenting evidence that supports your claims that the executor or trustee breached their fiduciary duty. These cases often require multiple hearings due to the litigious and personal nature of these types of matters, and trial often requires the need for multiple witnesses, and perhaps even paid, expert witnesses, to corroborate your claims.

            If you would like to discuss your options, please call one of our offices at (804) 325-1245 (Richmond) or (757) 941-4298 (Williamsburg) to discuss how our attorneys can be of assistance. Our team of knowledgeable elder law and estate litigation professionals are ready to provide you with the guidance and support you need throughout the process.

Special thanks to Owen Togna for editorial assistance in drafting this article.