Despite best intentions, there are times when related parties do not agree with a trust or estate plan. In these instances, we can be your advocate, helping work toward a settlement with the other party or representing your interests should the issue reach the point of litigation.

Whether it’s a claim from the IRS concerning a tax owed  or an action you want to take when you feel your rights were not properly represented, we can help you work through the issues.

We will combine the advocacy skills of our experienced trial lawyers with the specialized tax and administration knowledge of our estate planning and probate attorneys to provide you with representation that covers every angle, analyzing and addressing every aspect of trusts and estate litigation, including:

• Asset discovery
• Breach of fiduciary duties claims
• Probate issues
• Tax issues
• Trust modifications (contested and non-contested)
• Trust or will construction
• Trust or will contest
• Undue influence, lack of capacity or fraud claims

Emotions may run high in an estate dispute, and we are particularly sensitive to the tangential issues that may arise. By clearly outlining the risks and benefits of each step and working closely with you to keep agreed-upon priorities in sight, we can remain focused on achieving your desired result.

Our settlement and litigation experience includes frequent representation of corporate and individual trustees of charitable and family trusts, executors of estates, charitable and individual beneficiaries under trusts and wills, and persons with claims against trust or probate estates, including:

• Representing individual beneficiaries in protecting and defending their rights against inappropriate actions of fiduciaries or other beneficiaries
• Representing fiduciaries against claims brought by beneficiaries
• Addressing claims made against individuals, estates and trusts by taxing authorities for income taxes or wealth transfer taxes (gift, estate or GST)
• Defending and prosecuting will and trust contests
• Advising fiduciaries or beneficiaries with respect to the interpretation of language used in wills and trusts