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Estate and Trust Litigation

The disposition of estates and trusts can often result in disputes that inevitably result in court intervention, particularly when there is a change in disposition, or where there is significant family wealth, family history and emotion at stake. Estate and trust litigation issues continue to increase in volume and complexity, including disputes over the use of a power of attorney, an objectionable change in a will, an unequal gift to a child, an ailing parent’s need for assistance in a guardianship proceeding and accounting actions.

Saul Ewing Arnstein & Lehr’s Estate and Trust Litigation Practice includes seasoned attorneys with extensive experience filing and defending a wide variety of disputes, including:

  • Will contests, including claims of undue influence and lack of capacity
  • Contested gifts and changes in the titling of assets either by a power of attorney or by an heir altering the dispositive intent of the testator
  • Abuse of power of attorney or health care directive
  • Demands for an estate accounting and/or objections to the accounting when produced
  • Removal of an executor or trustee for breach of fiduciary duty
  • Guardianships and conservatorships
  • Actions challenging trustees as to the investment management of a trust portfolio
  • Court proceedings involving nonprofit organizations, charitable trusts, the doctrine of cy pres, and administrative deviation in the context of charitable gifts and nonprofit organizations
  • Shareholder dispute issues in the context of estate- and trust-related matters for closely held and family businesses

Surrogate court dockets are filled with cases involving family members fighting over the assets and intentions of a deceased parent or spouse. Each case is different and the laws vary from state to state. Accordingly, we have attorneys throughout our footprint to handle estate and trust litigation cases on behalf of our clients.

See Related Services Offered for Estates and Trusts Litigation

Russell J. Fishkind

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Partner Russell Fishkind covers lessons learned on estate planning and probate litigation.



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Russell J. Fishkind
Ronald P. Colicchio