Estate & Trust Litigation

GRSM's Estate & Trust Litigation team is composed of experienced attorneys who focus their practices on disputes involving wills, trusts, guardianships and conservatorships, and elder law matters. Members of the team have represented a wide array of clients in some of the largest estate disputes throughout the country and have a long track record of trial victories and successful settlements. We counsel clients on all aspects of estate disputes, including investigating potential claims, evaluating the merits of bringing a claim, filing or defending a claim, and litigating a claim through trial or settlement.

Will Disputes

Our attorneys have extensive experience in representing clients in challenges to wills – and in defending executors against challenges to wills – on the grounds of undue influence, lack of testamentary capacity of the testator, fraud, and lack of compliance with proper will formalities. Moreover, we also regularly represent clients in will interpretation disputes, and motions for aid and direction. Our clients range from individuals to large charitable entities, and we have litigated will disputes involving estates ranging from six figures to over $50 million.

Trust Disputes

We regularly represent trustees and beneficiaries in disputes involving trusts, including claims regarding breach of fiduciary duty, failure to inform and report to beneficiaries, violation of prudent investor acts, and trustee removal actions. We have deep experience litigating claims under the Uniform Trust Code, and the various modified versions adopted by different states, as well as litigating trust disputes in jurisdictions that have not adopted the Uniform Trust Code. Our clients range from large national and regional trust companies to individuals.

Guardianship and Conservatorship Disputes

Our attorneys have litigated dozens of guardianship and conservatorship matters. As the nation’s population ages, guardianship and conservatorship disputes are becoming increasingly common, particularly because such disputes can at times serve as a precursor to a later will or trust dispute. We regularly counsel family and friends on the best strategic approach to such disputes, and also have extensive experience in asserting and defending against claims of abuse of authority under a power of attorney, in connection with guardianship and conservatorship proceedings. Moreover, we regularly represent guardians and conservators in seeking court approval for various estate planning actions.

Elder Law Disputes

Members of our team frequently counsel families and friends in circumstances involving elder law disputes and the exploitation of elderly persons. We are frequently called on to represent clients in instances of elderly persons being pressured to change their estate planning documents or make gifts, exploitation of elderly persons, and parent-napping.

Our Team

While many large, national firms rarely take cases to trial, we approach matters differently. Promoting the client’s best interests is always our first priority, and our team recognizes that this can frequently be best done through negotiating a successful settlement. However, we also know that some disputes cannot be effectively resolved through settlement and therefore, we prepare for and regularly try estate disputes throughout the country. Most of our team members have tried dozens of cases, including multi-day jury trials.

A number of our attorneys were mentored by or worked with the late Paul Cullum, who co-authored one of the leading treatises on estate litigation. Our accolades in the field of estate and trust litigation include recognition from leading industry publications such as Super Lawyers. Our team also maintains an active blog focusing on estate litigation, which can be accessed at: www.estateconflicts.com.

Representative Matters