Trust litigation arises when there are disputes or issues with the creation or administration of a Trust. These cases often involve allegations of lack of capacity or undue influence int he formation of the Trust, petitions to remove a Trustee, disputed Trust accountings, or allegations of fiduciary misconduct by the Trustee.
In trust litigation matters, a Trustee, beneficiary, or prior beneficiary can find themselves involved in hotly contested and complex litigation. These disputes often pose a threat to and can be taxing to the financial and emotional well being of all parties involved. An experienced trust litigation attorney can help guide you through these complex issues to a timely and cost effective resolution.
Our attorneys are prepared to assist you with the following issues:
- Trust contests
- Claims of lack of capacity
- Claims of undue influence
- Claims of mistake in execution
- Elective share issues
- Tax apportionment issues
- Claims of forgery
- Breach of fiduciary duty
- Objections to, and the defense of, trust accountings
- Petitions to determine entitlement to trust distributions
- Actions to recover property on behalf of a trust
Success in litigation requires skillful trial preparation, seasoned advocates, and experienced trial presentation. We welcome the opportunity to discuss your needs, our qualifications, staffing approaches and rate structures with a view toward the successful resolution of your estate, trust and guardianship-related problems.