Probate Litigation



We regularly represent parties in contested trust and estate matters in Probate Courts throughout the U.S. Our lawyers individually possess a rare combination of extensive experience in trusts and estates planning, tax matters and probate litigation, which allows us to aggressively represent executors, trustees, beneficiaries, attorneys-in-fact, and other interested parties in such proceedings.

Our Probate Litigation services include:

  • National, regional and local will contests
  • Disputes involving the interpretation of wills, trusts, and beneficiary designations
  • Dispute prevention and management
  • Fiduciary accounting disputes and related litigation
  • Turnover proceedings
  • Discovery proceedings
  • Conservatorship and guardianship petitions for the elderly and incapacitated

Probate litigation is a unique and continually expanding area of the law. In that regard, we are particularly familiar with the rules, procedures and substantive law involved in probate litigation matters. And we bring to the courtroom decades of experience counseling clients regarding sophisticated estate planning and estate administration, including related tax ramifications. This practice mix allows our lawyers to efficiently identify deficiencies in an adversary’s case and use it to achieve the client’s goals. For example, we know the precise questions to ask during a trial and the appropriate answers to those questions, which serves to discredit an adversary’s expert testimony or even disqualify the expert from testifying.

We recognize that litigation involving trusts and estates matters can be a result of mistrust and betrayal. Therefore, we work with opposing counsel to resolve matters by stipulation or settlement when beneficial to our client to do so. Furthermore, our litigation experience, coupled with our knowledge of sophisticated estate planning and estate administration matters, including the tax ramifications thereof, enables us to provide clients with complete and comprehensive representation in both the probate litigation area and traditional trusts and estates planning and administration matters.

Our lawyers work closely with colleagues in other Practice Groups, including Private Client, Estates & TrustsTaxCorporate & Securities, and Real Estate, providing clients with complete and comprehensive representation.

Articles of Note





PROBATE LITIGATION LAWYERS


Partners

WILLIAM C. CAGNEY 
JOHN M. LOALBO 
SCOTT R. MATTHEWS 
ROBERT D. MERCURIO 
DELTON L. VANDEVER 

Associates

JUSTIN M. SMIGELSKY