Trust and Estate Litigation

Trust and estate litigation is litigation: it requires a litigator’s skills.  We are trial lawyers who also understand the statutes, procedures and issues unique to the probate and administration of wills and trusts.  We have successfully represented both personal representatives and beneficiaries in will contests and disputes involving claims of undue influence and lack of testamentary capacity, defended petitions for the removal of personal representatives or trustees for breach of their duties, and asserted the rights of beneficiaries of trusts and estates.

Representative Cases

In re Estate of Sherk.  Defended claims for accounting and seeking removal of personal representative of estate; developed and asserted claims against third-party investment advisors and against estate and then obtained favorable settlement.

Sheehan v. Bank of America, et al.  Defended claims against trustee for breach of fiduciary duty involving interpretation of trusts and wills; obtained favorable settlement.

In re Estate of Chiu.  Defended beneficiary of estate against claims of undue influence and breach of fiduciary duty; prosecuted creditor’s claim against estate to obtain favorable settlement.

In re Estate of Whalen.  Prosecuted claims on behalf of estate beneficiaries against executor for breach of fiduciary duty and conversion; obtained favorable settlement.

In re Estate of Di Stephano.  Represented charitable beneficiary of estate in will contest asserted by another charitable beneficiary; obtained favorable settlement.

In re Estate of Rosner.  Represented beneficiaries in dispute with decedents’ former spouse regarding estate administration and distribution; obtained favorable settlement.

In re Estate of Koenig.  Represented executor of estate in contested probate to arrive at fair settlement between surviving spouse of decedent and children from former marriage.