Trust and estate litigation, also referred to as fiduciary litigation, is litigation that involves issues arising from fiduciary matters. More specifically, the litigation may involve issues related to the administration of an estate or a trust; breaches of fiduciary duty by an executor, trustee, power of attorney, joint account holder, guardian or conservator; or contests and challenges to estate planning documents.
Often times, fiduciary cases involve several mixed claims. For instance, the executor of an estate may learn that prior to death the decedent suffered from dementia, and someone acting as the decedent’s agent under a power of attorney used that authority to financially exploit the decedent during his lifetime. In such an instance, the executor may file a case against the agent asserting a variety of claims including breach of fiduciary duty, conversion, fraud and undue influence.
Facts giving rise to fiduciary litigation frequently involve allegations of undue influence and lack of capacity. And many times, theories of undue influence and/or lack of capacity are the foundation upon which gifts, wills, trusts and beneficiary designations may be challenged.
As to fiduciary matters, we represent both beneficiaries and fiduciaries, and we also prosecute and defend claims. The law involved in fiduciary litigation is complex. It involves shifting burdens and several nuanced evidentiary hurdles. Our choice to focus our practice on fiduciary litigation and other closely related matters was deliberate, as we believe that our focus provides us with the tools necessary to creatively and zealously advocate for our clients within our concentrated fields.
We invite you to contact us to discuss your potential estate litigation matter in greater detail.