I Need Some Aid and Direction
“Such a fiduciary is not required to act at his peril; he need not eat at the doubtful vegetable in order to ascertain if it is a wholesome mushroom or a poisonous toadstool...”
Virginia Probate Practice (Lamb, 1957) § 133, p. 238
Often Executors or Administrators run into problems during the administration of an estate, such as determining who the beneficiaries are or understanding a vague provision of a will. These fiduciaries can seek the “aid and direction” of the court rather than trying to figure it out themselves. This offers them protection.
Imagine that a fiduciary must determine if a loan during life to a beneficiary was an advancement or if one beneficiary died before another or how to distribute an estate that pours over to a trust when the trust instrument cannot be found.
In such cases, the fiduciary is justified in seeking guidance from the court. This request for help cannot be ex parte or upon informal consultation with the judge; rather, it must be done through a formal suit in equity. Additionally, all persons interested in the point of doubt must receive notice of the proceeding. The fiduciary can pay for the cost of such a proceeding with estate funds, if available. Beneficiaries who hire legal counsel cannot pay for such cost with estate funds if the beneficiary was simply seeking to benefit themselves rather than the estate as a whole.
The author and the entire team at Logan & Logan, PLC are available to assist you through the process of an estate’s administration.
See 2 Harrison on Wills & Administration for VA & WV § 28.03 (2022).
This blog post is presented with the understanding that the publisher and the author do not render any legal, accounting, or other professional opinion about your particular circumstances and this post does not create an attorney/client relationship. Because of the rapidly changing nature of the law, information can change and this publication may become outdated.