Litigation involving fiduciaries can take many paths and may be heard in many different courts. Plenty of lawyers who are estate planners or handle estate and trust administration will also represent that they are qualified to handle contentious fiduciary litigation. You should trust attorneys who have not only written wills or trusts and have administered estates and trusts but who also regularly represent clients in litigating the issues and the procedural techniques necessary to prevail in your case.  Whether it is a claim of fraud, undue influence, lack of capacity, or some novel approach, our attorneys are prepared to pursue or defend your matter to its resolution before the judge or jury.  Our attorneys have significant in-court experience litigating the following:

  • Guardianships

    • Contested guardianships representing the alleged disabled person, the petitioner, or an intervening interested person

    • Other guardianship litigation issues:

      • Documents procured during alleged incapacity

      • An agent named in a document refuses to act or breaches fiduciary duties

      • Co-agents cannot agree on course of action

      • Misconduct of Court-Appointed Guardian

      • Missing Persons

  • Estates and Probate

    • Will Caveats and Contests

      • Undue Influence

      • Incapacity

      • Fraud

      • Duress

      • Improper Execution

    • Exceptions to Administration Accountings

    • Misconduct by Personal Representative

    • Missing and Unknown Heirs

    • Correcting Scrivener’s Errors

  • Trusts

    • Contested Trusts

    • Challenges by Beneficiaries

    • Misconduct by Trustees

    • Clarification of Unclear Language

    • Correction of Drafting Errors

  • Powers of Attorney

    • Misconduct by Attorneys-in-Fact

    • Interpretation of Unclear Language

  • Declaratory Judgment and Interpleader Actions

    • Insurance Company, Brokerage or Fiduciary who refuses to disclose or disburse funds

    • Trustee or Personal Representative claims uncertainty as to a specific duty

  • Other fiduciary relationships