Trust & Estates Litigation

The loss of a loved one is difficult enough but when disputes arise over the transfer of wealth, you need legal advice that gets results. We use a variety of creative and effective approaches, including the Trust and Estate Dispute Resolution Act (TEDRA), to resolve trust, estate and probate disputes. Our services range from informal negotiation and problem-solving techniques to full-scale litigation in order to resolve these often intractable controversies.

Trust and estate disputes are uniquely complex and emotional. They demand professionals skilled at understanding complicated family dynamics who use a variety of legal tools available for solving problems.

Members of our Trust & Estate Disputes and Litigation group have successfully represented a variety of different parties, including trustees, executors/personal representatives and other fiduciaries (both professional and nonprofessional); the trust itself; adult, corporate and minor beneficiaries; court-appointed guardians and special representatives; and financial companies. Below are just a few examples of the cases that members of our team have successfully handled in recent past:

  • Acted as court-appointed guardian ad litem for three minor beneficiaries involved in a dispute regarding the distribution of their grandmother’s trust which was resolved in mediation.
  • Represented a beneficiary of a trust who had the trustee they selected appointed by the court.
  • Represented a surviving spouse whose husband died in a tragic accident, after which other family members contested a trust the husband’s mother had established for him. The case was successfully compromised to our client’s satisfactions.
  • Represented the personal representative of the estate as special counsel on a number of different occasions and represented the spouse on others to litigate the enforceability of prenuptial agreements with extensive motion practice and disputed discovery in different contexts to successful settlements.

Whether your situation involves a will contest, an alleged breach of fiduciary duty, a desired or necessary change to an irrevocable trust, or evaluating your rights under the relevant estate documents, our Trust & Estate Disputes and Litigation team would be pleased to assist and share our expertise.