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Fiduciary and Trust Litigation



With an aging population there is an increase in wealth passing from one generation to the next primarily through bequests in wills, trust provisions, gifts to custodial accounts, buy/sell agreements, and other planning devices. This vast shift in wealth will be accompanied by the inevitable disputes between dissatisfied beneficiaries, family members, partners and shareholders on the one hand, and trustees, personal representatives, and similar fiduciaries on the other. Not to mention claims against attorneys, accountants, financial advisors, banks, and others where parties are dissatisfied with the results of planning and trust and estate administration after the fact.

We combine the extensive trial experience of our litigation practice group and trusts and estates practice to handle this complex area of fiduciary litigation. Frequently, we represent individuals, families, beneficiaries, executors, trustees, guardians, nonprofit entities, financial advisors, accountants, banks and trust companies when fiduciary claims arise, and provide valuable counsel to fiduciaries about their duties in order to assist them in avoiding future claims. Our attorneys have experience with the distinct procedures of the probate court, which handles estate, trust and guardianship matters. We are experienced in handling diverse and complex fiduciary litigation issues involving:

  • Breach of Fiduciary Duty
  • Will Contests
  • Breach of Buy/Sell Agreements
  • Business and Asset Valuation Disputes
  • Undue Influence and Incapacity Claims
  • Challenges to Fees and Commissions
  • Challenges to Investment Decisions and Results
  • Cy Pres Petitions
  • Guardianship Issues
  • Actions taken by Agents under Power of Attorney
  • Removal of Fiduciaries
  • Freezing Trust and Estate Assets
  • Interpretation of Wills
  • Fiduciary and Estate Tax Errors and Omissions
  • Mistakes in Drafting Wills and Trust Instruments
  • Modifications of Trusts