TRUSTS AND ESTATES LITIGATION

The Trusts and Estates Litigation Group was formed to effectively represent clients in an integrated and interdisciplinary way when disputes arise involving trusts, estates, and conservatorships. The Group includes members of our Litigation, Trusts and Estates and Tax Departments, all of whom have extensive experience in representing trustees, executors, conservators, beneficiaries and family members, so as to blend the Firm’s collective experience in trusts and estates, tax planning and litigation to most efficiently achieve a client’s goals.

The Group has deep experience in a wide range of probate and tax controversies, including will contests, construction actions, contested accountings, claims of breach of fiduciary duty (such as claims of self-dealing and conflicts of interest), removal proceedings and conservatorship proceedings. The Group’s members also counsel corporate, professional and individual fiduciaries on their fiduciary duties under the common law and state statutes, including their obligations under the Uniform Prudent Investor Act and the Uniform Principal and Income Act. The members of the Group are routinely appointed by state probate courts to serve as guardians ad litem or court-appointed lawyers in particularly challenging probate controversies.

We understand that disputes of this nature often arise in a family or personal context which requires a subtle and sensitive approach. Therefore, members of the Group fully explores the possibility of resolving disputes by consensus or mediation. However, members of the Group have extensive experience litigating probate matters and are fully prepared to resolve controversies by trial as circumstances dictate.