Estate and Trust Litigation

Disagreements, unfortunately, do arise in the course of administration of certain trusts and estates. When a resolution of a trust and estate dispute is sought in the probate court, the matter becomes litigation (also known as a “contested matter”). The following controversies are examples of the contested matters handled by our Trust and Estate Litigation attorneys:
 

• a challenge to the validity of a will or a trust for claims of lack of capacity or undue influence;

• construction or interpretation disputes;

• guardianship or conservatorship contests;

• trust modification, reformation or termination proceedings;

• breach of fiduciary duty claims;

• dispute over the validity of a creditor claim;

• trustee-removal and surcharge actions; and

• accounting controversies and disagreements over a proposed plan of distribution

Probate litigation frequently entails legal complexities unique to the Trust and Estate practice. That is why Waterfall’s team of litigation attorneys draw on the extensive expertise and comprehensive knowledge of our entire Trust and Estate department to vigorously and effectively represent Trustees, Personal Representatives, beneficiaries and other interested parties in contested Trust and Estate matters.
 

Our Trust and Estate litigation attorneys have an excellent record in handling matters in the probate trial court and in appellate proceedings. With our substantial experience in all aspects of the planning and administration of Trusts and Estates, we have the unique ability to provide you with comprehensive representation focused on the outcome you desire.

We encourage you to contact our firm to ascertain if we can assist you in protecting your interests.