Effectively resolving complex trust and estate disputes requires not only a clear understanding of the substantive issues that are in play, but also a trial lawyer’s strategic judgment, procedural and evidentiary expertise, and ability to present a case to a judge or jury. So our trust and estate litigation practice pairs our nationally recognized Private Clients lawyers with a core group of full-time litigators who focus their practices on fiduciary matters.
Our trust and estate litigators have handled scores of fiduciary disputes in courtrooms across the country. We have successfully tried multi-million-dollar cases, we have set new precedent on appeal, and we have taught trust officers, in-house lawyers, and fellow practitioners. We pride ourselves on finding creative ways to resolve disputes before a lawsuit is filed, but when litigation cannot be avoided, we know the landscape and we know how to navigate it.
We have particularly in-depth experience representing corporate fiduciaries, who bring us their most sensitive trust and estate matters. We also regularly represent individual trustees and executors as well as trust and estate beneficiaries. Among the issues we have addressed are:
Fiduciary Liability Issues
- Closely held businesses – defense of fiduciary holding a controlling interest in a closely held business
- Duty of loyalty – defense of allegation of self-dealing and violation of the duty of loyalty between beneficiaries
- Petitions for instructions
- Statute of limitations for accountings
- Laches defense
- Estoppel defense
Questions of Jurisdiction
- Personal jurisdiction of state courts over non-resident beneficiaries
- Impact of foreign judgments
- Impact of prior pending cases on jurisdiction of state courts
- In rem jurisdiction
Procedural Issues
- Right to jury trial – legal vs. equitable actions
- Burden of proof on accountings
- Standing of contingent beneficiaries
- Standing of takers under powers of appointment
- Common law and statutory virtual representation
Creditor Issues
- Citation to enforce judgment against spendthrift trust
- Construction of spendthrift clause upon termination of trust
- Fraudulent conveyances
- Insolvent estates
Disability
- Contested incompetency proceeding
- Annulment of marriage by guardianship court
- Validity of deathbed estate planning changes, including burden of proof/fiduciary relationship issues
Miscellaneous
- Various complex trust construction issues
- Construction and enforceability of “no contest” clauses
- Allocation of assets in wrongful death action
- Conversions to total return trust
- Contested fee petitions for fiduciaries and attorneys
- Revocation of self-settled trusts by settlor on theory of undue influence
- Contested dissolution of statutory family partnerships
- Probate of photocopy of a will
- Disclaimers
- Severance of trusts
- Spousal renunciation against revocable living trust – illusory trusts
- Spendthrift trusts
- Contested heirship