Trust and Estate Litigation

Our attorneys represent individuals and corporations in all aspects of litigation regarding the administration of trusts and estates. Our attorneys also address challenges to wills, trusts, and other estate planning documents, and we defend them on behalf of individual and professional fiduciaries and beneficiaries. We defend and pursue 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 trust or estate administration.

Our litigators, estate planners, and tax attorneys work hand-in-hand to make sure that we maximize the opportunities for our clients to resolve their cases in the most cost-effective and financially beneficial manner.

Our Trust and Estate Litigation attorneys also regularly participate in the establishment of guardianships and in the ongoing administration of contested guardianship matters. Often, these cases involve protecting vulnerable individuals from neglect or from financial exploitation by others. In some cases, ancillary litigation may be necessary to recover assets.

Our People

Representative Services

  • Litigation involving the validity of wills and trusts, with experience representing the interests of fiduciaries, beneficiaries, heirs, and creditors
  • Actions to interpret wills and trusts
  • Litigation regarding alleged fiduciary misconduct, including claims for breach of fiduciary duty
  • Actions to enforce the rights of estate or trust beneficiaries
  • Drafting and negotiating private settlement agreements among trust fiduciaries and beneficiaries
  • Representation of creditors enforcing claims against estate or trust assets
  • Actions for Tortious Interference with Expectancy of Inheritance
  • Elder exploitation claims and asset recovery
  • Actions to appoint guardians, to administer guardianships, and relating to contested guardianships

Representative Matters

  • Defended and pursued actions involving the validity of wills and trusts in light of claims of capacity and undue influence
  • Filed and defended claims against an estate
  • Defended a corporate trustee in a declaratory judgment action seeking to determine rights in multi-generational trusts of decedent’s children who were adopted as adults
  • 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 trustee, as the residuary beneficiary of an estate, to defeat the claim that a holographic will allegedly signed days before a testator’s death diverted estate assets to another individual
  • Successfully defended corporate trustees against beneficiaries’ claims of misconduct
  • Drafted and negotiated beneficiary waivers and releases on behalf of corporate fiduciaries at the termination of trusts or upon the removal or resignation of the fiduciaries as trustees of trusts
  • Represented trust beneficiaries in actions removing trustees and appointing successor trustees
  • Filed multiple complaints for declaratory judgment seeking court guidance on the interpretation of trust agreements
  • In cases involving charitable interests, filed motions for cy pres
  • Represented beneficiaries and fiduciaries in actions to reform trust agreements
  • 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 the trustee of decedent’s trust
  • 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

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