Probate & Trust Litigation

The Firm handles disputes involving probate estates, guardianships, conservatorships, and trusts. It litigates claims of undue influence, incapacity, and breach of fiduciary duty that arise in will contests, trust contests, and claims of fiduciary wrongdoing. It also litigates family disputes over property, and contested property disputes where a third party, such as a creditor, claims an interest in estate or trust property. The Firm also represents clients in probate and trust matters that are litigated in the civil department, including elder abuse litigation and disputes over non-probate assets such as bank accounts, property held in joint tenancy, and disputes over gifted property. Finally, the Firm also represents executors, administrators, and trustees with their administration of trusts and estates. Its experience with litigation in the field gives the Firm’s clients a unique perspective that is valuable when resolving the many issues they will confront and resolve while exercising their fiduciary duties.

Results
(Successfully tried or resolved by settlement)

  • Resolution of a will contest involving an over $3 million estate
  • Successful prosecution of an over $1 million trust contest
  • Successful prosecution of an elder abuse action against a nurse who, along with her lawyer son, bilked an elderly widower out of his nest egg (the lawyer is now disbarred)
  • Successful will contest against neighbor who, through undue influence, stole her widowed-neighbor’s home and life savings
  • Defense of a widow against claims by a creditor of her deceased husband’s business
  • Defense of a case brought by siblings against their trustee brother who alleged he embezzled funds held in a trust established by their father
  • Defense of a contest involving a more than $2 million trust brought by the son of the trustor of the trust who alleged his sisters unduly influenced him to sign the trust weeks before his death
  • Resolution of a trust contest where a neighbor obtained an interest in the estate of an elderly neighbor while acting as his caregiver