Probate Trust & Guardianship Litigation
Complex & Disputed Probate, Trust & Guardianship Litigation
In this area of practice, we assist clients in all facets of will, trust and guardianship contests and defense of fiduciaries and beneficiaries, including representation of beneficiaries, fiduciaries, and other interested persons in disputes relating to wills, trusts, guardianships, probate administration, and related matters, including issues, contests and challenges relating to:
+ Undue influence
+ Incapacity
+ Abuse by caregivers and elder abuse
+ Breach of fiduciary duties
+ Will and trust construction
+ Trust modifications, revocation, and termination
+ Fiduciary surcharge and removal
+ Prosecution and defense of creditor matters
+ Improper application of trust standards of distribution or division
+ Theft and misappropriation
+ Breach of trust issues
+ Failure to diversify or properly invest or manage trust or estate assets
+ Resolution via settlement negotiations, mediation, arbitration, or trial
Mediation Services
Our litigators regularly are employed as mediators to assist disputants in the resolution of their disputes.
Estate And Guardianship Representation And Administration
In this area of practice, we assist persons and entities in all aspects of probate and guardianship administration, including:
+ Representation of fiduciaries, estates, beneficiaries, and claimants in the probate administration process
+ Representation of guardians, incapacitated persons, and other interest persons in guardianship proceedings and administration
+ Income and transfer tax planning for estates and guardianships
+ Estate tax return preparation and review and guidance of other tax filings
+ Post-mortem tax planning, including Section 303 and 6166 issues, and creditor controversies
Trust Administration & Representation
In this area of practice, we assist persons and entities in all aspects of trust administration, including:
+ Representation of fiduciaries, beneficiaries, and other interested persons in trust administrations
+ Guidance on ongoing duties and obligations and tax filings
+ Tax planning for trusts and review of tax filings
+ Estate tax return preparation