Find Lawyers in America for Litigation - Trusts and Estates
Practice Area Overview
Trusts and Estates Litigation proceedings encompass a variety of matters including conservatorships, guardianships, will contests, claims or defense of claims of breaches of fiduciary duties by trustees and other fiduciaries (e.g., self-dealing, conflicts of interest, breach of trust), accountings, petitions for court instructions, issues of trust modification and reformation, allegations or protection from allegations of undue influence or fraudulent conveyances, and interpretation, advocacy, or defense of testamentary capacity and decedent’s intent.
The practice of Trusts and Estates also includes litigation prevention matters including review and consultation of the policies, practices, and proposed actions of corporate, charitable, and individual fiduciaries against national or state standards for acceptable fiduciary conduct, such as the Uniform Prudent Investor Act, Uniform Principal and Income Act, and malpractice standards.
All of these proceedings take place under the auspices of state Probate Codes and the nuanced procedures of the probate and surrogate courts – the statutory authority and venue under which nearly all trust, probate, guardianship, and conservatorship matters are adjudicated.
Clients vary widely by case and include corporate or individual fiduciaries, such as trustees, executors, administrators, guardians, and conservators, and also include corporate and individual beneficiaries, conservatees, and wards.
Lawyers practicing in this area combine substantive expertise in their states' laws governing the administration of decedents’ estates, wills and intestate succession, trusts, conservatorships, guardianships, and other fiduciary issues with years of experience trying cases before both judges and juries. Lawyers also must take a collaborative and cross-disciplinary analytical approach with other disciplines such as estate planning, real estate, bankruptcy, corporate, and securities law, as well as complex civil and appellate law.
Beyond the difficult legal proficiencies demanded of lawyers in this practice area, cases involving Trusts and Estates issues also require special skills and experience in dealing with the psychology of difficult family relationships, shattering emotional experiences, such as death and incapacity, and often ill-thought-out estate plans.
In selecting counsel in a Trusts and Estates Litigation matter, it is critical to select experienced counsel as these types of cases are fraught with procedural, ethical, and state and federal tax minefields. The best of the best in this field not only bring substantial litigation and probate court experience, but also have additional skills as mediators, arbitrators, and negotiators in the non-litigated resolution of trust, estate, and protective proceedings controversies, helping resolve extremely difficult cases without costly litigation.
Family Law Legal Guide 2024
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Hirschel Abbott concentrates his practice in estate planning, closely held businesses and entity selection, fiduciary litigation, charitable planning, and tax-exempt organizations. He currently serves as a co-chair of the firm’s Tax, Trusts and Estates Practice Group. As a Board-Certified Tax Law Specialist and a Certified Public Accountant, Hirschel counsels businesses and other high net worth individuals and families on matters related to property, tax, and estate planning. He also ad...
Roland Achtel is a trust and estate attorney with extensive litigation experience. In his practice, Mr. Achtel prioritizes establishing clear expectations with his clients and maintaining close contact with them throughout each case. Though his legal expertise is highly specialized – trust and probate litigation, trust and probate-related elder abuse, probate conservatorships, trust administration, and general probate matters – his cases are highly diverse. His typical clients inc...
Frank Adams is a Fellow in the American College of Trust and Estate Counsel and is listed in the current edition of The Best Lawyers in America, in the areas of trusts and estates, and trust and estates litigation. He is an AV-rated attorney, and is Board Certified in Wills, Trusts and Estates. Frank practices primarily in sophisticated estate planning and administration, including wills; revocable and irrevocable trusts; asset protection planning; special needs trusts, probate; estate, gift ...
Chuck Adler joined the firm in 1993 and became a Partner in 1995. He has a special interest in planning for individuals, families, and closely held businesses. Chuck counsels individuals and families on complex estate, charitable, financial, and retirement planning matters; on estate, gift, and generation-skipping taxes; and on the organization and operation of private foundations. He also works with owners of closely held and family businesses on succession planning. Before joining the firm,...
Richard Aguilar is resident in the firm's New Orleans office. His multi-state practice focuses on bringing his extensive business experience to bear for clients dealing with issues in areas involving creditor's rights, foreclosure, bankruptcy, reorganization, and high-consequence business and commercial litigation.
Alan Albert is a nationally-honored trial lawyer who has represented clients from Muhammad Ali to multinational corporations in a broad array of commercial disputes, white-collar criminal investigations and prosecutions, intellectual property litigation and other governmental and regulatory matters. Mr. Albert has been recognized in The Best Lawyers in America continuously for the past 20 years, and is one of a small number of lawyers in the country to be recognized by Best Lawyers in six dis...
David H. Alexander practices law in New York and Florida, and serves as a foreign legal consultant in Ontario, Canada. His areas of practice include wills, estates and trusts, estate planning and administration, business counseling, corporate law and taxation. He represents Canadian and other foreign corporations in the establishment of United States subsidiaries and in their conduct of business in the United States. He also represents Canadian and other foreign persons who purchase assets in...
John Allen focuses his practice on business and commercial litigation. He is a Board Certified Civil Trial Advocate, by the National Board of Trial Advocacy. With over 30 years experience handling legal problems, John has written and co-written dozens of articles and books, and speaks frequently to business and law groups. On a regular basis, he teaches courses in law and trial practice to other lawyers, and often serves as an expert witness. He is a certified arbitrator and mediator.
James K. Andrade is a Senior Associate at Keystone Law Group, P.C. Prior to joining Keystone, James practiced at a boutique law firm in estate and trust litigation, estate and trust administration, estate planning, and general business advising. He has represented trustees, administrators, executors, beneficiaries, heirs, professional fiduciaries, and creditors in active litigation matters as well as administration of trusts and estates. In trust administration matters, James has advised trus...
A seasoned, level-headed attorney committed to practical solutions of family matters Hugh Antrim often works with families on emotionally challenging issues as contested conservatorships and guardianships and the administration of trusts and estates. In the midst of those frequently contentious circumstances, Hugh strives to seek a level-headed way forward for his clients. He finds great satisfaction in achieving a workable resolution – fixing a trust that’s not operating correctl...
Lee H. Ayres is principally a trial lawyer. He has extensive experience in civil litigation, including business and commercial disputes, oil and gas litigation, property disputes, natural resources litigation, products liability claims, professional malpractice defense, trucking defense, personal injury claims, fraud claims, insurance coverage, and insurance bad faith defense. Lee received his undergraduate and law degrees at Louisiana State University Law Center, where he was a member of the...
Mr. Backer concentrates his practice in estate planning, estate and trust administration and fiduciary litigation. He brings over forty years of specialized experience to his representation of individuals, owners of closely held businesses, executors, administrators, trustees and beneficiaries. He aggressively manages will disputes, will construction proceedings, accounting and other fiduciary litigation for individuals and New Jersey-based bank trust departments. He advises and implements we...
David A. Baker serves as head of the Firm's Estate, Trust and Guardianship Controversy Practice Group. He advises clients in the areas of estate, trust and guardianship litigation; probate, estate, trust and guardianship administration; and charitable foundation and exempt organization administration and litigation. He also practices estate planning. Please visit our website for more on David's biography: https://www.mwe.com/en/team/b/baker-david-a
Frank Baldino is an estate planning attorney who co-chairs Lerch, Early & Brewer’s Estate Planning & Probate group in Bethesda, Maryland. His focus is on protecting the assets of high net worth individuals to minimize federal and state tax liability. Individuals seek Frank’s counsel to develop estate planning and tax strategies that will allow them to protect their assets for their families and future generations. He often works closely with clients’ accountants and ...
John Barnosky is a trusts and estates lawyer advising families, individuals, banks, foundations, and other institutions. Jack handles the full range of estate planning, probate and administration, as well as taxation matters. John also represents clients in litigated trusts and estates matters, including will contests, disputes over the validity of trusts, contested accounting proceedings, and tax disputes before the Surrogate’s Courts and other courts throughout New York. A longtime le...
Jared A. Barry of Barry Law Group is a seasoned litigator with expertise in the areas of trusts & estates, business & real estate disputes, and personal injury. He represents clients throughout Southern California, which have included individuals, small businesses and Fortune 500 companies, during his long and successful career. Mr. Barry was named a Southern California Rising Star by SuperLawyers for seven years in row from 2009 to 2016 and a SuperLawyer for Southern California for t...
Paul J. Barulich is the founder, Shareholder and Director at Barulich Dugoni & Suttmann Law Group, Inc. Mr. Barulich's law practice focuses on estate planning clients with high net worth, business owners, and people with significant financial interests in high-tech, wholly owned and start-up companies. Mr. Barulich specializes in representing individual and corporate executors and trustees, and conservators in administrations of estates in contested and non-contested matters.
Jeffrey A. Baskies is a graduate of Trinity College (B.A., with highest honors, 1988) and Harvard Law School (J.D., cum laude, 1991). He is admitted to practice in Florida and Massachusetts. A seasoned trusts and estates lawyer, Jeff routinely advises wealthy families, entrepreneurs, athletes, celebrities and other clients regarding wealth transfer planning and asset protection planning. As part of his diverse practice, Jeff counsels clients on charitable planning (including the creation of p...
Hamden was born in Clearwater, Florida, and is a third-generation lawyer. Hamden attended Florida State University, where he obtained his Bachelors of Science degree in 1976, followed by his Master’s Degree in Criminology in 1979. Hamden attended Oklahoma City University Law School, and graduated with Honors, in 1983, and after serving as a staff attorney, to the Honorable Patricia Robinson, First District Court of Appeal, he attended the University of Florida, where he obtained his Mas...
A. Bernard “Bernie” Bays is a Director of the firm. Mr. Bays has over 50 years of experience successfully representing clients in over 150 landmark Hawaii litigation cases. Mr. Bays focuses his practice in the areas of complex commercial litigation, business litigation, real estate litigation, trusts and estates litigation, legal malpractice law-defendant litigation, real estate law and land use and zoning law. Mr. Bays is Board Certified in Civil Trial Law by the National Board o...
Brandon D. Bellew, a partner at Johnson Pope Bokor Ruppel & Burns, LLP, provides outstanding representation in the areas of trust, estate and guardianship litigation and has done so during his entire career. He represents clients throughout Florida in all types and phases of contested issues relating to trusts, estates and guardianships.He frequently writes articles and lectures on trust, estate and guardianship litigation topics. He is very active in the Florida Bar’s Real Property...
Juan D. Bendeck is certified by the Florida Bar as a Board Certified Specialist in Wills, Trusts and Estates. Board certification recognizes attorneys’ special knowledge, skills and proficiency in various areas of law and professionalism and ethics in practice. Juan focuses his practice in estate planning, estate administration and asset protection planning. He formulates and drafts tax-efficient estate plans for his clients, including more advanced and novel estate planning techniques ...
William G. Benz is a seasoned litigator in the firm’s trust and estate litigation and business transactions departments. He assists a broad array of clients, ranging from private professional fiduciaries to privately-owned companies. Mr. Benz represents both beneficiaries and fiduciaries in complex probate court matters – including family-member, paid professional, and public fiduciaries. Due to his background in business and corporate law, Mr. Benz brings to bear a unique set of ...
Tom has over 30 years of experience in helping clients efficiently and effectively define their estate planning goals and to arrange their affairs accordingly. His expertise includes facilitating the direction of a client-centered and directed strategy and then drafting clear and understandable legal documents to implement it, thereby protecting client wealth, closely-held businesses, and families from taxes, post-mortem chaos and expense, and unnecessary complexity. He has expertise and expe...
Rebecca Blair is a Problem Solver. Having litigated cases in state and federal courts for twenty-five years, Rebecca understands that litigation is about solving a problem. Whether the litigation is the means for solving the problem or litigation is the problem, Rebecca knows that what her clients need is a solution. Rebecca knows that no one enters into litigation lightly. Litigation is time-consuming, expensive, and stressful, but sometimes necessary. Rebecca knows how much is at stake for ...
Long motivated by a desire to see justice served through proper application of the law, Daniel F. “Frank” Blanchard, III is actively involved in civil trial work with emphasis in employment, civil rights, personal injury, consumer law, business litigation, and probate, estate, and trust cases. Frank attended Greenville’s Furman University, where he was inducted into the Phi Eta Sigma Honor Society and received the Furman Scholar and Kennedy Foundation Scholarships. During hi...
James F. Bohrer, Partner at Clendening Johnson & Bohrer, P.C., has practiced law in Indiana for 30+ years and concentrates on estate planning and probate, real estate transactions and real estate development, zoning, business law, and tax protests and appeals. Mr. Bohrer is admitted to Indiana State Courts as well as the United States Tax Court. He is Board Certified as a Trust and Estate Lawyer by the Trust and Estate Certification Board of the Indiana State Bar Association.Mr. Bohrer is...
Aaron C. Boone is a partner in the Parkersburg office at Bowles Rice and leads the firm's Insurance Defense Group. He is a trial lawyer who concentrates his practice in the areas of extra-contractual/coverage, liability claims, business disputes, and trust & estate litigation. Mr. Boone received his J.D. in 2002 from the West Virginia University College of Law, where he was a member of the Order of Barristers, the National Moot Court Team and the Marilyn E. Lugar Trial Association. He ear...
Thomas Boulden is a partner at Timoney Knox and focuses his practice in estate litigation. In his 20 years of representation of clients in the Orphans’ Courts of Pennsylvania, he has extensive experience in the areas of will contests, trust, fiduciary and surcharge litigation as well as guardianships for incapacitated persons. He has experience representing both fiduciaries and beneficiaries. In addition to litigation matters, Mr. Boulden assists and counsels clients in estate planning ...
David S. Bouschor, II is a 1991 graduate of the Southern Methodist University Dedman School of Law. Mr. Bouschor was a sole practitioner and a shareholder in a previous law firm until January 2000 when he opened The Law Office of David S. Bouschor, II, P.C. in Denton, Texas. For over twenty-eight years, Mr. Bouschor’s legal practice has consisted of Family Law, Guardianship and Probate. Since 1995 Mr. Bouschor has been Board Certified in Family Law by the Texas Board of Legal Specializa...
Bobby Bowers is a civil litigator who regularly represents and counsels clients with complex commercial disputes. Bobby has considerable experience in real estate and construction-related matters, eminent domain proceedings representing property owners, manufacturer-distributor relationships, fiduciary litigation arising from wealth transfers and trust and estate administration, equipment lease disputes, and railroad equipment matters including car hire enforcement and end-of-lease/return con...
With nearly 60 years of experience, Bruce Bowman, Jr. focuses his practice on complex litigation in matter related to oil and gas, bet-the-company litigation, the environment, fiduciary duties, will contests, and business torts. Representing both plaintiffs and defendants, Mr. Bowman has experience in recovering assets from trusts in prolonged trust and bankruptcy litigation to defending trade secret allegations concerning oil field technology in State and Federal courts. Mr. Bowman has also ...
Joel Boxer, one of the founders of the Bird Marella, has 40 years of experience as a lawyer representing parties in complex civil trials in the state and federal courts, and in arbitrations. Mr. Boxer has particular experience and expertise in handling suits involving accounting or other complex issues requiring the presentation of expert opinion testimony. These cases often involve real estate, entertainment industry, contract, probate or trust issues or the representation of lawyers and law...
Christopher W. Boyett co-chairs Holland & Knight's National Private Wealth practice. Mr. Boyett advises domestic and international wealthy families throughout Florida on sophisticated estate planning strategies and options and counsels family businesses on succession planning and tax planning. Additionally, he advises both institutional and individual clients on estate and trust administration issues. He is an Adjunct Professor at the University of Miami School of Law, Graduate Program in...
Lenore Brakefield is a Naples native and graduated cum laude from the University of Florida Levin College of Law. She focuses her law practice on civil and commercial litigation, including construction litigation matters. Lenore also handles local government law, code enforcement violations, community association law, real estate law, and contract and transactional matters. Additionally, Lenore is a Certified Financial Litigator (CFL™) by the American Academy for Certified Financial Lit...
A veteran attorney who's served Columbia for more than two decades, Bert focuses on helping small businesses in every stage of their life cycle, from creation to handing off to the next generation. His primary practice areas are business succession planning and estate planning, areas often tightly tied for small business owners. He can assist with all areas of business formation, including choice of entity planning; taxation of estates and trusts and business entities; and corporate law. He's...
Michael is a partner in the trust, estate and inheritance disputes team at Withers Bergman LLP and is the regional division leader of the US private client and tax team. Michael has extensive experience representing individuals, families, charities, corporate trustees, private professional fiduciaries and creditors in litigation involving complex trusts and estates. Michael’s diverse practice includes will and trust contests, accounting disputes, breach of duty actions, elder abuse and ...
Robert D. Brower is a Member of the firm and has been practicing law since 1972. His practice is focused on representing a wide range of closely held business owners and executives, their families, fiduciaries, and other individuals in matters involving business and estate planning, probate and trust administration, and contested estate matters. Contested Trust, Estate and Fiduciary Matters Mr. Brower has extensive experience in representing individual and corporate personal representatives, ...
DOUGLAS R. BROWN is a principal of Brody Wilkinson and a member of the firm’s Trusts & Estates and Dispute Resolution Groups. Mr. Brown practices in the areas of estate planning, estate settlement, and probate, trust and fiduciary litigation. He represents individual clients in all aspects of estate planning and estate settlement to maximize the transfer of wealth, minimize the effect of estate and gift taxes, plan for incapacity, and plan effectively for disabled family members thr...
Mr. Brown heads the firm’s Commercial Litigation Section as well as its Professional Liability Practice Group. He is a member of the firm’s Board of Directors and serves as the firm’s Loss Prevention Partner. His practice focuses on complex litigation, including banking and contract disputes, professional liability litigation, legal malpractice defense, antitrust litigation, trusts and estates litigation, First Amendment litigation, and Education law. For over two decades, Mr. Brown has succe...
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