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Home  /  The Courtroom  /  Probate, Trust & Fiduciary Litigation
IN THE COURTROOM

Probate, Trust and Fiduciary Litigation

When an estate, a trust, or a family business becomes the thing everyone is arguing about.

What These Disputes Involve

Probate, trust, and fiduciary litigation covers disputes over the administration of estates and trusts (challenges to a will, disagreements about how a trust is being run, and claims that someone holding a position of trust has failed in their duties).

The people holding those positions are frequently family members. An executor, a trustee, a personal representative, or an attorney-in-fact operates under real legal obligations (of loyalty, of prudence, of accounting) and most are appointed because they were trusted rather than because they knew what the role required.

What makes these disputes distinct is that they are rarely only about money. They are usually about a relationship that has already broken, with a legal claim attached to it. That affects how they are best resolved, and it is why litigating them like a commercial dispute frequently makes things worse.

What These Disputes Involve

Disputes We Handle

Will contests

Challenges based on capacity, undue influence, execution, or fraud (brought and defended).

Trust disputes

Interpretation, administration, distribution disagreements, and removal of trustees.

Breach of fiduciary duty

Claims against executors, trustees, personal representatives, and attorneys-in-fact.

Accounting disputes

Compelling an accounting, and defending one that has been challenged.

Estate administration disputes

Disagreements arising during probate administration between beneficiaries and representatives.

Business ownership within an estate

Where the estate holds a company and control, valuation, and continuity are all contested at once.

Undue influence claims

Frequently involving a late-life change of documents and a family member who was close by.

Removal and replacement

Where a fiduciary must be removed and someone else appointed.

When to Call Us

  • When a will has been offered for probate and something about it does not look right
  • When you are an executor or trustee and beneficiaries have started asking questions you cannot answer
  • When distributions have stopped, or an accounting has been requested and not provided
  • When a family business is part of an estate and the people who work in it and the people who inherit it are different people
  • When documents were changed shortly before death, by someone who was not managing their own affairs

How We Approach These

Work out what is actually in dispute

Frequently the legal claim is a proxy for something older. Identifying the real disagreement early is what makes resolution possible; litigating the stated claim alone often does not.

Protect the asset while arguing about it

Where a business or property sits inside the estate, it keeps needing to be run. A dispute that damages the asset leaves everyone worse off, including whoever wins.

Push toward resolution

These cases are unusually well suited to mediation, and unusually damaging when they are not resolved. Two of our attorneys are certified mediators, which informs how we approach settlement.

Who Does This Work

Robert J. Riccio

Robert J. Riccio

Estate planning, trusts, fiduciary disputes, and tax-exempt organizations, with an LL.M. in taxation and a CPA qualification behind the valuation and accounting questions these cases turn on.

Jordan W Gerheim

Jordan W Gerheim

The litigation and business side (ownership, control, and valuation disputes where a company sits inside an estate).

William R. Lancaster

William R. Lancaster

Trial experience and a mediation practice, in a category of dispute that benefits from both.

When the Family Business Is the Estate

For a large share of business owners, the company is the estate. It is the retirement, the inheritance, and the thing several people's livelihoods depend on, and when the owner dies without a clear plan, all of that becomes contested at once.

Who controls the company now

Governing documents, the will, and the operating reality frequently point in three different directions.

What it is worth

Valuation drives everything, and beneficiaries who work in the business and beneficiaries who do not will value it very differently.

Whether it keeps operating

The business needs decisions daily while the dispute runs for months. Paralysis destroys value that nobody recovers.

Fairness between heirs

The child who worked in it for twenty years and the child who did not are rarely satisfied by the same answer.

How These Matters Are Billed

Hourly, with Partner discounts
Billed separately from Partner Plans, at discounted rates for active Partner clients.
Assessment before commitment
These disputes can consume the estate they concern. We assess what is realistically recoverable before recommending a course.
Mediation as a first option
Frequently the cheapest and least destructive route, and one we will suggest early rather than late.
FAQ

Frequently Asked Questions

Can we challenge a will?

Sometimes, on grounds including lack of capacity, undue influence, improper execution, or fraud. The deadlines are short and they begin running on events in the probate process rather than on when you learned something concerning, so if something looks wrong, the time to ask about it is now rather than after the estate has been administered.

I am an executor and beneficiaries are accusing me of things. What now?

Get advice, and start with the accounting. Most claims against executors and trustees arise from poor communication and incomplete records rather than from actual wrongdoing (beneficiaries who are told nothing tend to assume the worst). A proper accounting resolves a substantial share of these disputes before they become claims.

What does breach of fiduciary duty actually mean?

That someone in a position of trust (an executor, trustee, personal representative, or attorney-in-fact) failed in the duties that position carries. Those include loyalty to the beneficiaries, prudent management, keeping estate property separate from their own, and accounting for what they have done. Many breaches are careless rather than dishonest, which affects remedy but not liability.

The estate owns a business and nobody agrees who runs it. What happens?

It depends on the governing documents, the will, and how ownership was actually structured, and those three frequently conflict. Meanwhile the business needs decisions daily. Getting an interim arrangement in place early is usually more important than winning the underlying argument quickly, because a paralysed business loses value nobody gets back.

Could this have been prevented?

Usually, yes, with a buy-sell agreement, a succession plan, and documents that matched the family's actual intentions. That is not a useful answer if you are already in the dispute, but it is the reason we point people toward Succession Planning before they need this page.

These Disputes Get More Expensive the Longer They Run

Book a Risk-Free Strategy Session. Send us the will, the trust, or the accounting and we will read it before we speak.

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