Troxell Leigh P.C.

We are proud to announce that our very own Jeremy Zimmerman took the Oath as an Officer of the Court and was sworn in as a licensed attorney to practice law in the 20th Judicial Circuit of the Commonwealth of Virginia by the Honorable Thomas D. Horne. Jeremy has clerked for Troxell Leigh P.C. since the summer of 2022. He graduated from George Mason School of Law in May of 2024 and learned last week that he passed the Virginia State Bar Exam. Jeremy has been invaluable to our team and his well researched briefs and motions have already helped our clients achieve favorable outcomes. Congratulations Jeremy Zimmerman, Esq.!

Ben Leigh recently visited his alma mater, University of Richmond School of Law, as a guest lecturer on real estate law. Read more about his visit here:

Troxell Leigh P.C. Successfully Upholds the Integrity of a Trust Agreement in Virginia Court of Appeals Visit our website to read the opinion and learn more about our firm: https://lnkd.in/gvMPDKXK The Virginia Court of Appeals published its opinion in the case of Kosmann v. Brown, Record No. 0367-23-4, reinforcing the importance of adhering to trust agreement terms. Case Summary: This case presented a novel issue not previously addressed by Virginia’s appellate courts. The central issue involved interpreting a trust provision that prohibited exercising a general power of appointment. Specifically, the case examined whether the settlor’s attorney-in-fact, who also served as trustee, violated this prohibition by amending the trust. The trustee’s amendment changed the successor trustees and redirected significant funds away from the beneficiaries designated by the settlor. A “general power of appointment” is the legal authority granted to someone—such as a trustee or an attorney-in-fact—to decide who will receive certain assets or property from a trust or estate. This power is considered “general” because it allows the holder to distribute the property to almost anyone, including themselves, their estate, their own trust, their creditors, or the creditors of their estate. Due to its broad and flexible nature, this power is often expressly prohibited in trust documents to prevent misuse. Our Firm’s Role: Troxell Leigh P.C. attorneys Kevin J. Daniel and Gareth A. Bowen represented the settlor (the creator) of the trust. They initially prevailed at the trial court level, successfully arguing the settlor’s position during a pre-trial motion and overcoming the opposing party’s challenges. On appeal, Kevin Daniel presented the case before a panel of Virginia Court of Appeals judges in February 2024. Our attorneys’ diligent efforts culminated in a published opinion five months later, affirming the lower court’s ruling and showcasing our firm’s dedication to securing a just outcome. Court’s Decision and Implication: The Virginia Court of Appeals upheld the trial court’s decision, confirming that the trustee’s amendments constituted a prohibited exercise of a general power of appointment. This ruling underscores the importance for trustees and attorneys-in-fact to strictly adhere to trust agreement limitations, setting a precedent for future cases involving trust amendments and the exercise of fiduciary powers.

Troxell Leigh P.C. has been named a finalist for "Best Law Firm" in the Loudoun Times-Mirror's 2024 Best of Loudoun contest! Please feel free to vote and share with colleagues, friends and family. Votes may be submitted daily April 19th - May 5th on the Loudoun Times-Mirror website (https://lnkd.in/e7Kc6iRs). The winner and two finalists in each category will be announced in June. We thank you for your support!

Welcome Cassie Bowns!

Beginning on January 1, 2024, in compliance with the Corporate Transparency Act (CTA), many companies in the United States will have to report information about their beneficial owners, i.e., the individuals who ultimately own or control the company. https://lnkd.in/gmRG9wrD

Troxell Leigh P.C. will be closing early today for our annual Firm Christmas party. Here is a glimpse of our Christmases past. Wishing our clients, colleagues, family and friends a joyous holiday season! 🎄

Troxell Leigh P.C. is proud to congratulate four of our attorneys for being named 2023 Top Lawyers by Northern Virginia Magazine: Cassandra Kincaid (Trusts and Estates), Benjamin D. Leigh (Real Estate), Lindsay Jefferies Mohler (Family Law and Divorce), and Keith C. Troxell (Trusts and Estates).