Asked in Estate Planning for Virginia

Q: When does the statue of limitations began on breach of fiduciary duty in va?

Estate has been opened since 2019, majority of breaches happened that year but va has two year statue of limitations. Not sure if I have a chance in court, or do I just have to take a loss?

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1 Lawyer Answer
Ross Cameron Hart
Ross Cameron Hart
  • Estate Planning Lawyer
  • Salem, VA
  • Licensed in Virginia

A: If a fiduciary mis-handles an estate, then having them pay improperly handled money and property is technically called a 'surcharge' and is suing on the bond. That statute is ten years - see Virginia Code 8.01-245, here:

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