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Clark Hill’s Probate and Trust Litigation attorneys specialize in handling contested and complex proceedings in probate court.

We have broad experience representing institutional and individual trustees, personal representatives, and beneficiaries of trusts and probate estates in a wide variety of probate proceedings. Our litigators regularly represent the trust departments of banks and financial institutions. We litigate claims involving breach of fiduciary duty for and against fiduciaries and their agents, removal of fiduciaries, will and trust interpretation, construction and reformation, charitable gifts, prudent investor rule cases, attorney and fiduciary fee disputes, and disputed claims for and against estates and trusts. We are experienced in all types of will and trust contests, including claims of mental incapacity, fraud, duress, undue influence, spousal rights, determination of heirs, and challenges to joint accounts.

Our team complements the full spectrum of estate and trust-related services offered by the firm’s Personal Legal Services group. The firm offers its clients an integrated team of litigation, tax, trust, and estate professionals. Our combination of specialties and experience achieves creative and efficient litigation strategies and results.

The firm’s Probate and Trust Litigation practice group is comprised of experienced litigators who have expertise managing and litigating contested proceedings in probate courts throughout the United States. We frequently represent trustees (institutional and individual trustees) and personal representatives in matters involving beneficiary claims, administration conflicts, and proceedings challenging the manner in which the fiduciaries have discharged their duties. We also litigate claims on behalf of beneficiaries of trusts and probate estates.

Our experience includes:

  • Will and trust contests
  • Claims of mental incapacity
  • Fraud
  • Duress and undue influence
  • Claims for breach of fiduciary duty and removal of fiduciaries
  • Will and trust reformation, interpretation, and construction
  • Charitable gifts
  • Adoption
  • Elective share proceedings
  • Fee disputes and other disputed claims against estates.

We also prosecute claims for creditors against probate and trust estates and have tried attorney and accounting malpractice cases related to trust, estate administration, and tax issues.