Probate & Trust Litigation

with the difficult issues surrounding disputes over the settlement of estates and trusts. Our attorneys handle challenges to wills, trusts, and other estate planning documents, as well as defend them on behalf of individual and professional fiduciaries. We prosecute and defend fiduciary misconduct claims and accounting challenges. Our attorneys also engage in a wide variety of other types of litigation that arise in the context of probate or trust administration.

Frequently, and whenever necessary, we work hand-in-hand with our estate planners and tax attorneys to make sure that we not only consider, but maximize the opportunities for our clients to resolve their cases in the most cost-effective and financially beneficial manner possible. Our Probate & Trust litigators also regularly participate in not only the startup but also the ongoing administration of contested guardianship matters. These cases often involve protecting vulnerable individuals from neglect or financial exploitation by others. Frequently, there is ancillary litigation to recover assets.

Our People

Representative Services

  • Defense and prosecution of will and trust contests
  • Elder exploitation claims and asset recovery
  • Guardianships
  • Prosecuting and defending alleged fiduciary misconduct
  • Will and trust construction actions

Representative Matters

  • Represented a surviving spouse in a challenge to the validity of a marriage and elective share rights
  • Represented the daughter of decedent in defense of a constructive trust claim to the decedent's former residence
  • Represented a son against daughter in recovery of multiple pre-death transfers by their mother
  • Represented a professional guardian in the defense of final accounting challenges to various expenditures on behalf of ward
  • Represented the children of decedent to compel distribution from trustee
  • Represented a disinherited daughter in a challenge to a will procured by her brother
  • Represented intestate heirs in defense of action to establish a lost will and later surcharge case against removed personal representative
  • Represented the children of an incompetent parent in obtaining appointment as guardian and thereafter conducting significant tax planning
  • Represented a surviving spouse in the defense of undue influence claims by decedent's children regarding predeath transfers
  • Represented a guardian in defense of removal action by the ward

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