Probate Litigation
Overview
Shendell & Pollock attorneys have extensive experience in the areas of probate and trust litigation. We represent both professional fiduciaries and beneficiaries of substantial trusts and estates.
Our attorneys have significant experience in a wide range of cases that are encountered by probate professionals and their clients. We recognize the distinct issues that can arise in estate and trust litigation including attorney fee claims and act to resolve potential issues quickly to avoid the prospect of substantial legal fees claims that would deplete the estate or trust.
Shendell & Pollock attorneys have handled matters defending a wide variety of probate, estate and trust litigation issues, including, but not limited to:
• Will contests including disputes regarding the interpretation of the terms of a will, determination of beneficiaries
and claims of undue influence in the preparation or execution of a will.
• Trust litigation, such as disputes regarding the distribution of a trust's assets, the performance of a trustee, or
conflicts between income and remainder beneficiaries.
• Claims against fiduciaries such as trustees and personal representatives regarding mismanagement of assets,
self-dealing and misappropriation of property.
• Disputes regarding asset ownership including joint accounts, life insurance policies, gifts, or conflicts between
trusts and estates.
• Claims regarding a failure to identify potential disclaimer and post mortem tax saving issues.
• Claims challenging discretionary distributions pursuant to an ascertainable standard.
• Claims against a trustee for violating The Uniform Principal and Income Act including allocating receipts to
income as opposed to principal.
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