Probate & Trust Litigation

Our team of estate planning attorneys work with executors and trustees in matters of probate and estate and trust administration to ensure the decedent’s or grantor’s desires are implemented. We counsel executors and trustees on all matters related to their fiduciary duties including funding, administration, taxation, distribution and other responsibilities involving the administration of an estate and trust.

In connection with wills and trusts, we have experience in representing fiduciaries and beneficiaries to resolve disputes in the areas of validity, construction and administration of wills and trusts. In matters that involve litigation, we collaborate with our experienced fiduciary litigation team.

We advise fiduciaries with respect to many tax obligations and opportunities. This includes coordinating with an accountant the preparation of the decedent’s final income tax returns and all required estate and trust income tax returns. We also assist the fiduciary by preparing any required gift tax returns and the federal estate tax return.

We represent the beneficiaries of an estate or trust with many different issues, including advising a beneficiary on how to protect his or her interest in an estate or trust. We are experienced with representing beneficiaries in connection with suits against a fiduciary for breach of duty. On behalf of beneficiaries, we have also prepared many non-judicial modifications to irrevocable trusts.

Our attorneys also have experience representing creditors in connection with the administration of estates and trusts. In connection with an estate, we will prepare the claim against the estate. In trust administrations, we advise creditors as to the ability to enforce a claim against the decedent’s revocable trust. We also counsel creditors of beneficiaries of estates and trusts as to attaching a beneficial interest in satisfaction of a judgment.

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