Trust Administration Attorney in Virginia Beach
Guidance for Trustees & Beneficiaries in Hampton Roads
When a trust already exists and the work of managing it begins, the legal questions shift from planning to performance. At B. Clay Chick PLC, we represent trustees and beneficiaries in Virginia Beach and Norfolk through every stage of trust administration, from satisfying statutory notice requirements to resolving disputes over how a trustee is managing assets. Attorney Clay Chick brings nearly two decades of legal experience and a litigation background to these matters, which means we can take a contentious administration dispute into active representation without you needing to find separate counsel.
Trustees and beneficiaries in the Virginia Beach area can reach B. Clay Chick PLC at (757) 697-5331 to schedule a free initial consultation about their trust administration matter.
How Virginia Law Governs Trust Administration
Not every trust is administered the same way under Virginia law. The rules depend largely on how the trust was created.
A testamentary trust, created under a will and funded after the settlor’s death, falls under the supervision of the Commissioner of Accounts for the Virginia Beach Circuit Court. A trustee of a testamentary trust must file an inventory with the Commissioner within four months of receiving trust assets and submit annual accountings thereafter. If a fiduciary misses those deadlines, the Commissioner can refer the matter to the circuit court, which may hold the trustee in contempt. A settlor can waive this oversight under specific statutory conditions, though any adult beneficiary retains the right to demand annual accountings in writing.
A revocable living trust, created under a separate trust agreement during the settlor’s lifetime, isn’t subject to Commissioner of Accounts supervision. Virginia law doesn’t require that trustee to qualify before a court or clerk. That independence gives the trustee more administrative flexibility, but it also places the burden of compliance with statutory duties squarely on the trustee, with no court filing to prompt accountability.
A Trustee’s Duties Under Virginia’s Uniform Trust Code
Virginia’s Uniform Trust Code sets clear standards for how a trustee must conduct trust administration. These duties matter whether you’re a trustee trying to stay in compliance or a beneficiary evaluating whether the trustee is meeting obligations.
Duty to Inform & Report
A trustee must notify qualified beneficiaries within 60 days of accepting a trusteeship, providing a name, address, and telephone number. After that, the trustee must send at least an annual report covering trust property, liabilities, receipts, disbursements, and trustee compensation. Beneficiaries are also entitled to prompt responses to reasonable requests for information.
Duty of Loyalty
A trustee must administer the trust solely in the interests of the beneficiaries. Self-dealing or allowing personal interests to conflict with the trust’s purposes can expose a trustee to liability for breach of fiduciary duty.
Duty of Impartiality
When a trust has two or more beneficiaries, the trustee must act impartially in investing, managing, and distributing trust property. Favoring one beneficiary at another’s expense invites a legal challenge.
Prudent Investor Rule
Virginia’s Uniform Prudent Investor Act requires a trustee to invest and manage trust assets as a prudent investor would, considering the trust’s purposes and the beneficiaries’ needs. Virginia courts have held trustees liable for violating this standard and for charging excessive fees.
Direct Representation from Attorney Clay Chick
Trust administration matters we handle are handled by Clay Chick directly. Clients aren’t passed to associates or staff when the work requires real legal judgment. Clay takes the time to understand what each trustee or beneficiary is trying to accomplish and builds a practical path forward, even when the situation has become complicated.
His litigation background is a meaningful advantage when trust administration turns adversarial. If a beneficiary challenges a trustee’s accounting, if a trustee is accused of favoring one heir over another, or if a dispute over investment decisions requires court involvement, we can move into active representation without interruption. For clients who need a trusts administration attorney in Virginia Beach capable of handling both the administrative side and any disputes that follow, that continuity matters.
Schedule a Free Consultation
Whether you’re a trustee navigating fiduciary obligations or a beneficiary concerned about how a trust is being managed, we’re prepared to help. We offer a free initial consultation to trustees and beneficiaries in Virginia Beach, Norfolk, and throughout Hampton Roads. Call us at (757) 697-5331 or use the contact form on this site to get started.
