Litigation

Probate, Estates & Trusts Litigation

Our Probate, Estates and Trusts Litigation Group has a national reputation for achievements in this specialized and often personally-charged area of law.  We represent both fiduciaries and beneficiaries involved in will and trust contests, will and trust construction, reformation proceedings and other fiduciary litigation.

Drawing on our strength as a preeminent national trust and estates practice, along with the  power of our Firm’s first-chair trial litigators, our Probate, Estates & Trusts Litigation Group consistently achieves strong results in intra-family disputes arising from wills, trusts, conservatorships and guardianships.

We have extensive expertise and experience in dispute resolution for beneficiaries, trustees and executors through the use of both negotiation and litigation.  We represent beneficiaries and fiduciaries before the probate court in accounting, construction and contest proceedings.  In addition, we represent beneficiaries and fiduciaries in civil litigation proceedings.  

For more information, please contact Aaron Moss

  • Successfully settled a substantial palimony action in favor of the defendant shortly before our client’s summary judgment motion was to be heard.
  • Settled multiple actions, against an estate relating to an alleged gift of stock and other claims totaling approximately $14 million, for significantly less than 10 percent of the amount claimed.
  • Obtained a seven-figure judgment against a former trustee and defeated the former trustee’s petitions to approve its accounting and obtain payment of substantial legal fees.
  • Successfully settled an intensely litigated elder abuse action and a related petition in the probate court brought against our client.  The settlement involved our client paying virtually nothing and receiving reimbursement of the attorney’s fees incurred.
  • Defended in the U.S. Tax Court a $100 million self-dealing IRS tax assessment against the executor of the estate of an internationally recognized artist. The ultimate settlement resulted in no taxes paid by the executor.
  • Obtained court reformation of a $200 million testamentary trust and negotiated with the IRS to achieve desired estate tax objectives.
  • Achieved a favorable settlement for our client, a widow, who brought litigation against her deceased husband's multimillion-dollar estate.  Grounds for the lawsuit included that she did not have independent counsel at the time she consented to her husband's will which disinherited her.
  • Negotiated a settlement on behalf of a trust beneficiary of a multi-hundred million-dollar trust based in the Midwest. The trust was the majority owner of a publicly owned communications and media company headquartered in the South and the dispute was among family members.
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