Trusts and Estates Litigation

Trusts & Estates Litigation Services

Will Contests

• Challenges based on lack of capacity
• Undue influence claims
• Improper execution
• Revocation disputes

Courts apply strict legal standards when reviewing contested wills.

Trust Disputes

• Trustee misconduct allegations
• Breach of fiduciary duty claims
• Trust interpretation disputes
• Removal or replacement of trustees
• Accounting challenges

Trust litigation often centers on fiduciary obligations and transparency.

Fiduciary Defense

• Defense of executors and trustees
• Accounting and reporting compliance
• Defense against surcharge claims
• Petition for Aid and Direction

We represent fiduciaries seeking to fulfill their duties responsibly.

Beneficiary Representation

• Enforcement of beneficiary rights
• Demand for accountings
• Distribution disputes
• Protection of minority or vulnerable beneficiaries

Beneficiaries are entitled to transparency and proper administration.

Asset Recovery & Disputed Transfers

• Challenges to asset transfers
• Claims involving joint accounts
• Disputes over beneficiary designations
• Allegations of financial exploitation

These matters often require detailed financial review.

Who We Represent

Our Trusts & Estates Litigation practice serves:

• Beneficiaries and heirs
• Executors and personal representatives
• Trustees and successor trustees
• Family members in inheritance disputes
• Guardians and conservators
• Business owners with estate-related conflicts

We tailor litigation strategy to the client’s role and objectives.

Common Causes of Estate Litigation

Estate disputes often arise from:

• Late-life estate planning changes
• Blended family structures
• Disagreements among siblings
• Business succession conflicts
• Allegations of undue influence
• Disputes over asset valuation

Early legal review can clarify rights and minimize escalation.

Trusts & Estates Litigation FAQs

What is a will contest?

A will contest is a legal challenge to the validity of a will based on issues such as lack of capacity, undue influence, or improper execution.

Can a trustee be removed?

Yes. Courts may remove trustees who breach fiduciary duties, fail to act in beneficiaries’ best interests, or mismanage trust assets.

What is a fiduciary duty?

Fiduciaries must act with loyalty, care, and good faith, prioritizing the interests of beneficiaries above their own.

How long does estate litigation take?

The timeline depends on complexity, court schedules, and whether the matter settles early. Some disputes resolve through negotiation or mediation.

Are trust disputes resolved through mediation?

Yes. Many estate disputes resolve through mediation or negotiated settlement to preserve family relationships and reduce litigation costs.