PRACTICE FOCUS
Thomas Repczynski is a Principal and Shareholder focused on developing and expanding the firm’s Estates and Trusts Litigation practice area. Tom’s clients are a broad array of individuals, non-profit boards and associations, business owner and both foreign and domestic corporations. Founded upon many years of landlord representation and decades of bankruptcy work, Tom’s practice prioritizes general commercial business disputes, commercial real estate and creditors’ rights enforcement litigation while emphasizing inheritance-related matters including trial court, probate and commissioner proceedings, and appeals (throughout Virginia, Maryland and D.C.) involving will, trust, and insurance beneficiaries, estate Personal Representatives (executors and administrators) trustees, guardians, and attorneys-in-fact under Powers of Attorney. Tom’s typical fiduciary cases involve undue influence, breach of fiduciary duty, incapacity and will dispute claims.
As a pragmatic, cost-conscious and resolution-oriented legal advisor and advocate, Tom’s substantial litigation and dispute resolution experience spans state and federal courts (bankruptcy, district and appellate), as well as mediation, arbitration and administrative proceedings and reflects a broad range of general business contract and tort, inheritance-related and lending/bankruptcy issues. Tom also routinely advises, co-counsel’s or consults with divorce, family law counsel and their clients regarding a full range of inheritance, life insurance and bankruptcy-related issues arising before, during and after divorce proceedings.
Tom is a past President of both the Fairfax Bar Association and Northern Virginia Bankruptcy Bar Association. Tom has chaired Architectural Review Boards for multiple communities (VA and NC) and served as Committee Chairman for Boy Scout Troop 688. Tom clerked for the Office of the Independent Counsel (Starr) and interned both at the Department of Justice and for the Honorable Christine Odell Cook Miller, U.S. Court of Federal Claims.
RECOGNITIONS
- Best Lawyer, Best Lawyers in America, 2024
- Northern Virginia Top Lawyers, Estates and Trusts, 2023
- Leaders in the Law, Virginia Lawyers Weekly, 2021
- Virginia's Top Lawyers/Top Litigation Lawyers, Northern Virginia Magazine and Richmond Magazine, 2018-present
- Leadership Fairfax, Class of 2010
- America’s Most Honored Professionals, The American Registry, 2019-present
- Super Lawyers, Virginia, Estate and Trust Litigation, 2014 - 2018
- AV Preeminent®, Martindale-Hubbell, 2019 – present
- SmartCEO® Legal Elite, 2010
- Fairfax Bar Association's President's Award, Two-time recipient
SPEAKING ENGAGEMENTS
- Fairfax Bar Association, "What's Trending in Fiduciary Litigation", February 2024
- University of Illinois - Chicago, Political Science Undergraduates, February 2024
- "Bankruptcy and Separation Agreements", Virginia Trial Lawyers Association Annual Convention, March 2018
- The Probate Nation®, (Segment #27) - “Is This a Will?”, November 2016
- "Demystifying Bankruptcy for Estate Planners," Fairfax Bar Association (Wills, Trusts and Estates Section); Arlington Bar Association, Trusts and Estates Section; McLean Estates Planning Council
- "Demystifying Bankruptcy," presented to Virginia Society of Enrolled Agents (NOVA Chapter)
REPRESENTATIVE CASES
- Virginia Supreme Court appellate defense (writ denied) of trial court’s summary judgment confirming surviving spouse’s pre-marital agreement’s waiver/abandonment of statutory elective share spousal rights and denial of “de facto” will under Section 64.2-404 after full trial on the merits.
- Virginia Supreme Court precedent-setting appellate win upholding Virginia trial court summary judgment recognizing divorcée’s equitable lien rights in life insurance proceeds over named designee
- Virginia Court of Appeals (en banc) defense of trial judgment denying alleged fraud on the court during prior divorce proceedings
- Secured pretrial ruling upholding right of attorneys-in-fact under Power of Attorney to file claim for elective share of surviving spouse
- Secured favorable pretrial summary case disposition denying former spouse’s constructive trust claim against decedent spouse’s federal employee life insurance proceeds
- Fourth Circuit appellate win upholding successful trial court defense of business owner/seller of having allegedly defrauded buyer’s lender
- Successful state trial court defense of spouse/fiduciary’s self-transfer of approximately $1.5 million in liquid assets
- Secured and confirmed $10 Million arbitration award (including legal fees) against former investment fund manager
- Successful Virginia Supreme Court appellate defense (writ denied) upholding trial court’s holographic will interpretation and fiduciary’s removal (appellate representation only)
- Virginia Supreme Court appellate defense (writ denied) of trial court’s voiding longstanding default judgment
- Virginia Supreme Court appellate defense (writ denied) of trial court’s removal, replacement of fiduciary -- including disgorgement and recovery of all legal fees
“In his Art of War, Sun Tsu notes of the ’way to victory’ that it is key to know both when one can fight and when one cannot. Understanding both one’s own strengths and weaknesses and that of one’s enemies is the way to victory because one can effectively choose when and when not to fight thereby leaving little if anything to chance. The effective legal strategist appreciates that knowledge is power. As Tsu summarizes: ‘Know the enemy and know thyself.’”
— Thomas Repczynski
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