Estate & Trust Litigation

Probate Litigation encompasses a variety of lawsuits that may arise as a result of actions taken by someone close to the deceased. This can include an action to revoke a will based upon the possibility that:

  • The decedent lacked the mental capacity to sign a Last Will and Testament;
  • Someone has exerted undie influence over the decedent to cause that person to sign a will, or
  • The will was not property signed and witnessed in conformity with state law;

A variety of issues may warrant the filing of a lawsuit, including, but not limited to:

  • Actions concerning the misuse and abuse of a power of attorney;
  • The fraudulent procurement of lifetime transfers of property;
  • The breach of a close and confidential relationship by an attorney or other fiduciary; or
  • Allegations of elder abuse or allegations that a friend or family member wrongfully turned an elderly person against his or her loved ones.
  • Elective share issues.

Trust Litigation encompasses a variety of lawsuits that may arise concerning the creation and the administration of a trust. Issues can include:

  • Trust contests;
  • Claims of lack of capacity;
  • Claims of undue influence;
  • Tax apportionment issues;
  • Claims of forgery
  • Actions by and against trustees for breach of fiduciary duty; removal, and surcharge;
  • Objections to, and the defense of, trust accountings;
  • Petitions to determine entitlement to trust distributions; and
  • Actions to recover property on behalf of a trust taken in violation of the terms of the Trust.

Guardianship & Conservatorship Litigation includes disputes among family members or other interested persons involved in the life of an elderly or vulnerable adult, and may involve situations including:

  • Opposing the appointment of a Guardian or Conservator;
  • Seeking the removal of a Guardian or Conservator for failure to properly care for a Ward or his or her finances;
  • Recovering damages from Guardians who have hurt the Ward.

We understand the emotional factors and the many complexities that are involved in a contested matter. Each case is unique in its own way and emotions often run high in such cases. Our firm couples a breadth of probate and trust experience with a great deal of litigation and appellate experience.

Contact us to have our firm analyze the facts of your case. We look forward to assisting you.