Print PDF Probate, Trust, and Fiduciary Litigation

We regularly represent the interests of individuals, financial institutions, and estate and trust fiduciaries and beneficiaries in litigation relating to estates, trusts, and fiduciary relationships.  Our lawyers are knowledgeable and experienced in addressing the unique issues raised in such actions and in persuasively presenting our clients’ positions on those issues.  Our practice includes litigation in probate courts and before other state courts and agencies, as well as representation in federal courts, when probate and trust disputes involve the federal tax laws.

Our engagements in this area have addressed the following matters:

• Defense and prosecution of will contest actions, actions to prove or to construe wills, and other litigation involving the validity and effect of wills
• Actions to determine and enforce rights and obligations under declarations of trust and trust agreements
• Litigation of fiduciary duty and other claims against trust or estate fiduciaries, including claims arising from alleged self-dealing, breach of trust, and conflict of interest
• Resolution of disputes involving the identification and valuation of trust or estate assets and the recovery of assets
• Representation of clients in actions contesting or defending fiduciary accountings
• Litigation of disputes arising from the gifts of assets or other transfers of assets prior to death
• Presentation of claims on behalf of creditors of the estate and presentation of objections to creditor claims
• Asserting competing claims of beneficiaries to life insurance benefits and other benefits payable on death
• Resolution of disputes with the Internal Revenue Service and state tax authorities with respect to estate, gift, generation-skipping transfer, and income tax liabilities, among other tax issues