Trust, Estate, Guardianship, and Conservatorship Litigation
Trusts and Estates Litigation
Trust and estate litigation is where a myriad of issues intersect, including fiduciary duties, tax law, real estate, family businesses, bankruptcy, and creditors rights. As a result, it is critical that clients have a team of trust and estate litigators who not only have the dedication, but also the expertise, to effectively resolve the most complex of trust and estate contests. Whatever the nature of the conflict, Clark Hill's trust and estate litigators will bring together a team of attorneys with the appropriate experience to ensure our clients receive the highest quality legal services to effect the best possible outcome.
Clark Hill's trust and estate litigation attorneys handle complex will and trust contests for a broad range of clients. We have experience representing individual and institutional trustees, executors, personal representatives, and beneficiaries of trusts and estates. Additionally, our litigators regularly represent the trust departments of banks and financial institutions. We have successfully litigated cases involving:
- Breach of fiduciary duty for or against fiduciaries and their agents
- Removal of fiduciaries
- Will and trust interpretation, construction, and reformation
- Charitable gifts
- The prudent investor rule
- Attorney and fiduciary fee disputes
- Disputed claims for and against estates and trusts
- Lack of mental capacity
- Fraud, duress, and undue influence
- Spousal rights and elective share proceedings
- Determination of, and challenges to, heirship
- Actions or citations to recover assets
Guardianship and Conservatorship Litigation:
Guardianship and conservatorship litigation is fast paced and emotionally charged, which requires skilled attorneys who can seamlessly navigate litigation to a successful end. Clark Hill's guardianship and conservatorship litigators have experience representing individual petitioners and respondents, as well as hospitals and financial institutions. Our attorneys are frequently appointed by the court as the counsel for alleged disabled adults and as Guardians Ad Litem. Clark Hill's attorneys have successfully litigated guardianship and conservatorship cases involving:
- Validity of powers of attorney, designations of patient advocate, and other advance directives
- Whether the alleged disabled person needs a guardian or conservator
- Who is the most appropriate guardian or conservator for the disabled person
- Breach of fiduciary duty claims
- Removal of fiduciaries
- Elder abuse and financial exploitation
- Citations to recover assets