Fiduciary Litigation Lawyer New Kent County, VA

Fiduciary disputes can arise with little warning, often at a time when a family is already under stress. In New Kent County, these matters are heard in the Circuit Court, where the clerk oversees probate and a judge resolves contested issues under the Virginia Uniform Trust Code and the Wills Act. Whether you are an executor facing a challenge, a beneficiary who believes an estate has been mishandled, or a trustee whose actions are being questioned, having experienced legal counsel makes a difference. Mr. Sris and the firm’s Of Counsel attorneys represent clients in New Kent County fiduciary litigation, including will contests, breach‑of‑trust claims, and challenges to the conduct of personal representatives. Law Offices Of SRIS, P.C. brings extensive experience to these sensitive disputes. To schedule a consultation, call (888) 437‑7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

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What Fiduciary Litigation Means in New Kent County

Fiduciary litigation refers to court proceedings that concern the duties and conduct of a person who manages money or property for another. In the trust and estate context, the fiduciary is often an executor, administrator, trustee, guardian, or conservator. When a disagreement arises over whether that person has acted properly, the parties may end up before the New Kent County Circuit Court.

Virginia law provides a structure for these disputes. The Virginia Uniform Trust Code (Va. Code § 64.2‑700 et seq.) governs the creation and administration of trusts and sets out the duties a trustee owes to beneficiaries. The Virginia Wills Act (Va. Code § 64.2‑400 et seq.) controls how wills are admitted to probate and what grounds may support a challenge to a will’s validity. The Circuit Court has jurisdiction over probate matters and trust disputes, and its processes are shaped by the rules that apply to equity litigation. Virginia imposes no state estate tax; only federal estate tax may apply, and the exemption amount is set by Congress. New Kent County itself lies along the I‑64 corridor between Richmond and Williamsburg and includes the communities of New Kent, Providence Forge, and Quinton. The court sits at 12001 Courthouse Circle, and attorneys appearing on fiduciary matters must navigate a docket that blends the fast‑paced General District Court calendar with the more deliberate Circuit Court schedule.

How Mr. Sris and His Of Counsel Handle Fiduciary Litigation Cases

When a fiduciary dispute is filed in New Kent County, early planning can shape the entire proceeding. Mr. Sris and the firm’s Of Counsel attorneys begin by reviewing the operative documents—the will, trust instrument, or letters of administration—and by analyzing the factual allegations. If a client believes an executor has mismanaged estate assets, the first step is often a demand for an accounting. If the accounting reveals irregularities, the firm may file a motion to compel the fiduciary to explain the discrepancy or to post a bond.

Discovery in these cases often involves financial records, communications with beneficiaries, and sometimes experienced attorney analysis of handwriting or testamentary capacity. The firm has experience preparing for hearings on objections to probate, petitions to remove a trustee, and suits for surcharge—where a fiduciary may be ordered to repay the estate for losses caused by a breach of duty. Because the court’s calendar and the complexity of the evidence can affect the timeline, Mr. Sris and his Of Counsel work to keep clients informed at each stage while advancing the legal positions the facts support.

About Mr. Sris and His Of Counsel Team

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced since the firm was established in 1997. A former prosecutor, he is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. His background includes trial experience that informs the litigation strategy the firm brings to fiduciary disputes. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), a bill that refined a provision of the equitable distribution statute.

The firm’s Of Counsel attorneys bring additional depth. Each is experienced in litigation, and their combined legal experience with Mr. Sris allows the firm to handle fiduciary matters that present complex factual and legal issues. On any given day, the team may appear in the New Kent County Circuit Court for a contested probate hearing, or prepare briefing on a novel question under the Virginia Uniform Trust Code. Results may vary.

Frequently Asked Questions

What is fiduciary litigation?

Fiduciary litigation is a court process that resolves disputes over the conduct of a person or entity that manages money or property for another. In trust and estate matters, this commonly includes claims that an executor has misappropriated estate funds, a trustee has breached a duty of loyalty, or a guardian has failed to account for an incapacitated person’s assets. The court’s role is to determine whether the fiduciary complied with the duties imposed by the will, trust, or statute, and to order remedies such as removal, surcharge, or an injunction when those duties were violated.

Can a will be contested in New Kent County?

Yes, a will may be challenged before the New Kent County Circuit Court on grounds such as lack of testamentary capacity, undue influence, fraud, or improper execution. The person contesting the will must file a complaint and meet the evidentiary burden required by the Virginia Wills Act. If the challenge succeeds, the court may set aside part or all of the will, which can change the distribution of the estate. Because estate assets are often frozen during litigation, early legal guidance can help a beneficiary or executor understand the timeline and potential costs.

What can a beneficiary do if a trustee is not acting properly?

A beneficiary may ask the Circuit Court to compel the trustee to account, to remove the trustee, or to award damages for a breach of fiduciary duty. Under the Virginia Uniform Trust Code, a trustee has duties of loyalty, prudence, and impartiality. If the beneficiary has evidence that the trustee has engaged in self‑dealing, failed to distribute assets, or mismanaged trust property, the court can step in. Remedies range from ordering a formal accounting to replacing the trustee and surcharging the trustee for losses. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437‑7747.

How does the court decide whether to remove an executor?

Removal of an executor is a serious remedy that Virginia courts grant only when there is clear proof of misconduct, incapacity, or failure to perform the duties required by law. Common grounds include failure to file an inventory within the statutory period, concealment of assets, self‑dealing, or a demonstrated inability to manage the estate’s affairs. The court will consider the evidence presented at a hearing and may order removal if it concludes that the executor’s continued service would jeopardize the estate or its beneficiaries.

Do I need a lawyer for a fiduciary dispute in New Kent County?

While a person may represent themselves in a fiduciary dispute, the procedural rules and burdens of proof make it difficult to pursue or defend a claim without a lawyer. Fiduciary litigation often involves complex financial records, statutory deadlines, and evidentiary hearings. An experienced attorney can help marshal the evidence, frame the legal arguments, and negotiate a resolution that avoids a costly trial. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437‑7747.

What is a breach of fiduciary duty in a trust?

A breach of fiduciary duty occurs when a trustee violates the obligations set out in the trust instrument or the Virginia Uniform Trust Code—for example, by commingling trust assets, failing to diversify investments, or showing favoritism among beneficiaries. The beneficiary must prove that the trustee owed a duty, that the duty was breached, and that the breach caused harm. The court can then order the trustee to restore the trust to its proper position. Remedies are fact‑specific, so speaking with an attorney is the trusted way to assess the strength of a potential claim.

Other trust and estate resources in Virginia:

Virginia legal authority:

Attorney advertising. Prior results do not guarantee a similar outcome. Results may vary.

Last reviewed: July 2026

Reviewed by Mr. Sris, Owner and Founder. Admitted in Virginia, Maryland, District of Columbia, New Jersey, and New York. Practicing since 1997.

Case results depend on a variety of factors unique to each case.