Lane Powell’s Fiduciary Litigation group represents fiduciaries, beneficiaries and family members in probate, trust and guardianship disputes. Our team has extensive litigation, trial experience and expertise, as well as a strong commitment to alternative dispute resolution. Our clients are institutions, charitable organizations, families and individuals addressing challenges related to the transfers of wealth from generation to generation and the administration of existing multi-generational trusts. Our practice includes advising executors and trustees regarding construction and interpretation of wills and trust instruments, and advising and representing individuals in intra-family disputes.
Our litigation and trial expertise includes:
- Bringing and defending claims of undue influence or lack of capacity in the creation of estate planning documents.
- Bringing and defending claims of fraud, duress or interference with economic relations.
- Bringing and defending claims of financial abuse or exploitation of vulnerable adults.
- Bringing and defending contested guardianship or conservatorship proceedings.
- Defending claims against professionals that arise in connection with the planning or administration of decedents’ estates.
- Bringing and defending creditors’ claims in both probate and non-probate administrations of decedents’ estates.
- Bringing and defending disputes regarding valuation of assets in trusts and estates.
Our Fiduciary Litigation team functions as an integral part of our Trust and Estates group, collaborating to assist trustees and executors in performing their fiduciary duties, engage in post-mortem planning and preparation of complex estate tax returns. Close collaboration between planners and litigators is the hallmark of Lane Powell’s Trust and Estates practice group. This collaboration allows our clients and their other professional advisors to bring rational and speedy resolution to complex and often emotional disputes. Where parties are unable to resolve their disputes without litigation, our Fiduciary Litigation group has the experience and talent necessary to gain the best adjudicated outcome at trial and on appeal.