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The Absence Of Due Process In Fiduciary Accounting: A Constitutional Concem, J. Rodney Johnson

Law Faculty Publications

Once upon a time the content of a legal notice posted on the courthouse door was likely to become a matter of community knowledge within a reasonable period of time. Today, however, few persons would seriously suggest that courthouse posting satisfies minimum due process requirements for notice to parties of a proceeding affecting their property rights. Yet this is the only form of notice that Virginia law provides for beneficiaries when their fiduciaries make accountings before the commissioner of accounts. And, topping this, there is no provision for any form of notice to beneficiaries when the commissioner reports to the …