Trust & Estate Litigation

Trust and Estate litigation includes a wide variety of cases.  These may involve:

  • contests of trusts and wills,
  • claims of breach of fiduciary duty against a trustee or personal representative,
  • accounting actions,
  • contested conservatorships

The underlying similarity in all of these cases involve opposing parties who may be family members, opposing attorneys, a judge and a lot of court documents. 

Sometimes, litigation is unavoidable. For example, if a trustee refuses to provide information regarding a trust administration, the only way to force the trustee to do so is to commence litigation.  Or, if someone receives a trust and it appears that the trust was amended in a very drastic manner just days before the trust creator passed away, it could raise red flags as to whether the trust creator had the capacity or was unduly influenced by someone to make such an amendment.  These are just a few examples of why litigation might be necessary. It is always prudent to consult with an experienced attorney as to your rights and options as there is never a “one size fits all” solution.