Trust and estate litigation is where many complex issues intersect, including fiduciary duties, tax law, real estate, family businesses, bankruptcy, and creditors rights. Experience is everything when it comes to understanding these types of disputes. It is of paramount importance to have a team of focused probate and trust litigators who are not only expressly dedicated to this specialized legal discipline, but also offer the hard-earned experience gained over decades of practice to efficiently navigate even the most contentious trust and estate controversies, contests, and litigation.
Whatever the nature of the conflict, Clark Hill delivers the undeniably deep bench of skill and practical problem-solving abilities to ensure the highest quality counsel and effectuate the best possible outcome. Our firm has resolved complicated and emotion-infused will and trust contests for a wide range of clients, including individual and institutional trustees, executors, personal representatives, guardians, conservators, beneficiaries of trusts and estates, and the trust departments of banks and financial institutions.
Because our estate planners assist clients with the most sophisticated wealth preservation and estate planning techniques, we understand estate planning inside and out and from all vantage points, which gives us insight into prosecuting and defending the gamut of claims. Our probate and trust litigators excel in finding solutions to serious contention.
We consistently provide the analytical abilities, due diligence, and meticulous attention to detail to resolve difficult tax issues linked to estates, trusts, estate and inheritance tax, gift tax, and income tax. We are formidable trial advocates who have successfully tried disputes involving hundreds of thousands to hundreds of millions of dollars. Our lawyers are in probate court on a regular basis and are familiar with the judges and local rules.
Our experience includes:
- 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
- Errors in fiduciary accountings
- Mismanagement of estate or trust assets
- Guardianships and Conservatorships