Estate and Trust Litigation
Most estates are settled without controversy. However, if you are involved in a will contest, legal dispute regarding fiduciary responsibility, an accounting proceeding, or other litigation, our attorneys will deliver knowledgeable advice and counsel and vigorous representation in court. We have litigated many probate contests and trust cases involving substantial assets, and we routinely represent executors, trustees, beneficiaries and family members in matters including will contests, fiduciary removal proceedings, accountings, estate claims, and spousal rights proceedings.
Fiduciaries, including executors and trustees, are held to the highest standards. Fiduciaries must not only be impeccably honest and loyal in their dealings with beneficiaries, but they must avoid conflicts-of-interest and even the appearance of impropriety. Our attorneys can help you navigate the potential pitfalls of fiduciary duties, ensuring compliance with the laws.
- Removal Proceedings: Proceedings seeking removal of an executor, trustee, or guardian because of misconduct, self-dealing, incompetence, or conflict-of-interest.
- Accounting Proceedings: Fiduciaries must provide the beneficiaries and the court with an accounting of the trust or estate’s assets. A contested accounting is a proceeding to challenge or defend issues regarding tax implications, investment practices, accounting procedures, or use of funds during the management of an estate or trust.
- Will Contests: A challenge to a will’s validity based on the deceased’s incompetence or incapacity to make a will, undue influence practiced on the deceased, improper execution, or forgery.
- Will Construction: A proceeding to clarify discrepancies or ambiguities in a will.
- Spousal Rights Proceedings: A proceeding to challenge or establish the inheritance rights of a spouse, or to determine the validity of prenuptial or postnuptial agreements.
- Estate Claims: A proceeding to determine the validity of creditors’ claims against the estate.
- Trust Construction: A proceeding to clarify discrepancies or ambiguities in a trust.
- Cy Pres: A proceeding to modify a trust which has provisions which are impossible or impracticable to follow.
- Modification: A proceedings to modify an irrevocable trust.
- Trust Litigation: A proceeding challenging or defending a trustee’s action or inaction.