Trust and Probate
We provide a full range of trust and estate administration services that can be tailored to meet your needs. We’re your partners in this process, whether preparing probate submissions or meeting with beneficiaries to explain the estate administration. Our goal is ensuring you are successful in administering the estate and discharging your fiduciary duty to the beneficiaries.
Table of Contents
- Obligations of a trustee and executor
- Estate tax returns and “portability” elections
We have lawyers who focus on litigating the disputes that often arise in administering an estate. With over 20 years of collective litigation experience representing trustees, executors and beneficiaries, we aggressively represent our clients in court, while exploring all reasonable avenues of settlement. We’ve got well-rounded skills in complex trust and estate litigation. We’ve successfully brought, and defended, many types of claims for financial elder abuse and breach of trust, petitions to determine heirship and accounting actions.
Accounting-related litigation: Litigation over a trust or estate accounting involves a dispute as to how assets and money have been handled by a fiduciary in an estate or trust. Fiduciaries (like a trustee or executor) must account for every penny that comes in or goes out of their hands. When there’s an issue with a fiduciary accounting – most often it’s the lack of a fiduciary accounting or a suspicion of financial misconduct — the probate court gets involved. During these times, it’s crucial to have knowledgeable counsel on your side to advise you on the sometimes-peculiar aspects of fiduciary accounting and the strict fiduciary duties around managing assets.
Beneficiary litigation. Although trust administration is private and not supervised by the court, any beneficiary or heir has the right to petition the court to scrutinize the trustee’s conduct and accounts. All trustees and executors are subject to probate court supervision in how they carry out their duties, and judges will not hesitate to correct any misconduct in a properly presented case. We have an in-depth understanding of the rights of beneficiaries and will aggressively represent them in court.
Financial elder abuse. The law protects elders against financial elder abuse, which usually involves undue influence by someone close to them. When there’s suspicion that an elderly adult has been unduly influenced into making a gift or signing a document with financial consequences, the elder or any interested person may bring an action for financial elder abuse in court. We have experience successfully litigating on both sides of financial elder abuse claims.
Probate contests. We have experience in numerous other types of probate litigation, including disputes over executor appointments, heirship petitions, creditor claims, disputes regarding trust division, allocation of debts and order of abatement.
Frequently asked questions:
- How do I bring a financial elder abuse claim?
- What is a fiduciary account?
- How can I protect an elder from financial elder abuse?