Probate and trust litigation is probably the fastest growing area of our litigation practice. We have handled a number of different types of cases in these areas. Unfortunately, a common theme in many of these cases is an unscrupulous individual, who for personal greed, takes advantage of an elderly person.

We have been involved in many cases involving litigation by or against a probate estate. These cases involve recovery of assets for the probate estate or the defense of the probate estate from outside creditors seeking to recover assets from the estate.

Trust litigation involves a number of different issues. We recently represented a client in a lawsuit setting aside a trust amendment that deleted our client as a beneficiary of the trust. We were able to prove another relative took unfair advantage of the elderly settlor of the trust to eliminate our client as a beneficiary. The trust amendment was declared invalid and our client achieved a very substantial recovery as a beneficiary pursuant to the original trust document.

We also have handled cases in which a power of attorney has been used for improper purposes. These cases can involve the execution of a power of attorney when a person is not competent, or a person acting pursuant to a power of attorney takes funds for improper uses.

We have handled these cases on contingency fees and on an hourly rate for legal services.