Fiduciary Litigation, Family Disputes & Will Contests

Overview

In the dispute resolution area, our attorneys have extensive experience working with individual and corporate fiduciaries (e.g., executors of decedents’ estates, trustees of trusts created during lifetime or at death, guardians of the estates/persons of minors or incapacitated persons and agents under powers of attorney), investment advisers/managers, family offices and individuals, in matters relating to:

  • Will contests – including matters alleging of lack of testamentary capacity, undue influence, fraud, duress and exercising spousal rights to elect against a will, as well as various other forms of probate litigation.
  • The preparation, filing and defending of court accountings for fiduciaries.
  • The preparation, filing and prosecuting of objections to court accountings filed by fiduciaries – including matters alleging of breach of fiduciary duty for abuse of discretion, mismanagement, misappropriation and conflicts of interest, as well as various other forms of negligence and/or intentional acts.
  • Prosecuting or defending surcharge actions initiated against fiduciaries.
  • Prosecuting or defending removal actions initiated against fiduciaries.
  • Representing fiduciaries or beneficiaries in fee disputes.
  • Representing fiduciaries, beneficiaries or creditors in connection with insolvent estates.
  • Representing or pursuing agents acting under powers of attorney.
  • Seeking declaratory relief from the court concerning will and trust construction and/or interpretation issues.
  • Representing clients in tax audits at the federal, state and local levels.
  • Litigating tax controversies at the federal, state and local levels.
  • Using alternative dispute resolution methods, such as arbitration or mediation, when appropriate.
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