Trust, Estate and Fiduciary Litigation

Losing a loved one can be an emotional and troubling time. Unfortunately, it is also a common time for disputes to arise among family members, fiduciaries and beneficiaries. Litigation involving trusts and estates is unique and demands a deep knowledge of trust and estate law as well as probate litigation experience. Our attorneys offer more than a century of combined hands-on, practical experience dealing with these issues.

Our Trust, Estate & Fiduciary Litigation team combines the talents of trust and estate lawyers who thoroughly understand the nuances of the law with the strengths of experienced litigators dedicated to the trust and estate practice. We excel at navigating complex family dynamics; and while we pride ourselves on creative settlement solutions outside of the courtroom, when necessary, we aggressively represent our clients’ interests in mediations, arbitrations and trials.
 
Our clients include corporate trustees, private fiduciaries, beneficiaries, individual trustees, personal representatives, agents, creditors, debtors, conservators, guardians, and other interested parties. We handle disputes involving estates of all sizes.

Our Trust, Estate and Fiduciary Litigation experience includes:  

  • Trustee-beneficiary disputes, including breach of fiduciary duty claims and challenges regarding fees and commissions
  • Undue influence, coercion and duress allegations involving fraud, manipulation, elder exploitation  and vulnerable adult issues
  • Testamentary capacity disputes, where there’s a question of the decedent’s competence or mental state when a trust or will was created or amended
  • Will contests, where there are multiple forms and disagreement on the controlling document
  • Gathering estate assets, including recovering hidden or misappropriated assets and negotiating the release of assets
  • Disputes involving the interpretation, modification and termination of a will or trust, beneficiary status, heirship determination, tax allocation clauses and related issues 
  • Claims involving agents under powers of attorney, their roles and responsibilities  
  • Representation of charitable entities with regard to their interests in estates and trusts, including cy pres petitions
  • Removal and surcharge of fiduciaries and defense of fiduciaries against such actions
  • Reformations, modifications, and termination of trusts
  • Representation of creditors who have claims against an estate and defense  from such claims
  • Defense of debtors against estate claims
  • Appeals of estate and trust litigation to the Arizona and Colorado Appellate and Supreme Courts
  • Guardianship and Conservatorship matters, including initiating actions to have an individual declared incapacitated as well as defending against such claims on behalf of the alleged incapacitated person or family member
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