AREAS OF PRACTICE

Trusts & Estates Litigation

Greensfelder’s Trust and Estate Litigation Group is uniquely qualified to represent beneficiaries and fiduciaries in all types of disputes.  Our lawyers possess in-depth knowledge of the substantive law and unique procedures applicable to probate and trust disputes.  

Our Trust and Estate Litigation Group works with clients in adversarial litigation involving will contests, trust contests, fiduciaries, beneficiaries, probates, elder abuse, conservatorships, tax issues, real estate, and other disputes. We combine the advocacy skills of experienced trial lawyers with the specialized tax and administration knowledge of our estate planning and probate attorneys. The synergy between our litigation and estate planning resources gives Greensfelder the unsurpassed ability to analyze and address every aspect of trust and estate litigation.

Due to the financial and emotional impact of trust and estate disputes, we maintain a close working relationship with our clients to ensure that we understand their priorities.  Together, we actively weigh the risks and benefits of the available alternatives and jointly make important strategic decisions.

We regularly represent corporate and individual trustees of charitable and family trusts, executors of estates, fiduciaries' counsel, both charitable and individual beneficiaries under trusts and wills, and persons with claims against trust or probate estates.  When representing a corporate fiduciary, we enjoy working closely with in-house counsel to achieve the institution's goal.

Controlling litigation costs is an important goal of most clients.  We employ our expertise to share or shift costs whenever possible. At the outset, we determine whether a group of beneficiaries have a common interest that could justify joint representation. We also are pro-active in preserving and protecting fiduciaries' ability to have a trust or probate estate pay their legal expenses.  Conversely, when representing beneficiaries, we seek to prevent the depletion of the estate through the payment of attorney's fees and expenses.  When resolving disputes, we not only seek to negotiate the most beneficial substantive outcome, but we also structure settlements to maximize tax savings. Our effective use of these tools aids in achieving favorable results for our clients.

At Greensfelder, we bring the knowledge and experience of one of the best estate planning practice teams in the Midwest together with experienced litigators who focus on this type of litigation. Together, we have an impressive record of achieving favorable results for clients in trust and estate matters.

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