If you are involved in contesting or defending a Will, Trust, Power of Attorney, or Guardianship arrangement, it is prudent to have representation from a law firm experienced in estate and trust litigation to represent your interests.

The attorneys at Anderson & Labovitz are dedicated to providing zealous representation to clients involved in estate litigation, trust litigation, and contested powers of attorney or guardianships. Our firm handles a variety of disputes concerning accountings, recovery of assets, heirship disputes, and various aspects of estate, trust, and guardianship litigation. We recognize that these legal matters often arise during an emotional and difficult time for you and your family. We strive to handle each matter with the level of empathy and devotion required to provide the best representation for our litigation clients. 

Estate and trust litigation can stem from many different situations, often requiring court intervention to resolve disputes. Generally, litigation involves protecting or advocating for a person’s interest, striving for equity, and seeking intervention from the court to carry out the intent of a decedent and/or a settlor of a trust, while ensuring compliance with applicable laws governing estates and fiduciaries.  

Common issues that lead to litigation include disputes over how an estate or trust is being administered, the validity of a will, when a party is disinherited or receives a substantial inheritance, or when a fiduciary engages in questionable actions or transactions. Our firm is highly skilled in addressing these complex matters.

Estate Litigation typically arises when an heir or beneficiary has concerns or unanswered questions regarding the administration of an estate. This can include disputes over the appointment of executors, the validity of a will, or allegations of misconduct by the executor or administrator of the estate. An Estate administration with probate assets, or assets solely in the name of the decedent, begins with the appointment of a personal representative to probate the estate. Disputes at this stage can stem from competing rights over the position of the personal representative, concerns with the validity of a will or the capacity of the testator, or questions regarding the location and ownership of assets. Sometimes, litigation ensues once beneficiaries of a Will believe that assets may have been improperly transferred, misappropriated, or simply undiscovered. 

In general, we assist clients with estate litigation cases involving the following:

• Will Contests
  • Lack of Capacity
  • Undue Influence
  • Fraud or Forgery
  • Ambiguities in Will
• Removal of Administrators or Executors who fail to fulfill their fiduciary duties
• Appointment of Administrators or Executors
• Demanding Inventories and Accountings of estates
• Objecting to Accountings
• Filing, disputing, or negotiating claims against estates 
• Requesting surcharges against fiduciaries who have misappropriated estate assets
• Disputing or Defending the legitimacy of jointly-made assets

Trust litigation occurs when interested parties, including the settlor, trustee, or beneficiaries, question or dispute the administration or provisions of a trust document. Similar to Will contests, trust disputes may involve concerns over the validity of the document, capacity of the settlor, or undue influence. Additionally, the actions or inaction of a trustee may require court intervention to demand information like an accounting or advocate for the appointment of a different fiduciary. Trusts may also require judicial oversight to resolve issues regarding the removal of a trustee and requests for any changes or modifications to irrevocable trusts or charitable trusts. 

Our firm is experienced in pursuing and defending trust litigation, which may involve the following:

• Demanding or providing an accounting of trust assets and distributions
• Requesting modifications of trust provisions
• Removing Trustees who fail to fulfill their fiduciary duties
• Appointment of Trustees

Litigation involving powers of attorney typically arise when there are allegations of abuse or misuse of authority by an agent acting under a power of attorney. Actions taken by an agent can be investigated both during the lifetime of the principal and after the principal’s passing. Common issues include claims of potential mismanagement and/or abuse of a principal’s funds, in which case an accounting is requested to be ordered by the court. Our firm is experienced in handling all aspects of power of attorney litigation and has successfully removed agents and obtained surcharges against agents who are proven to have mishandled assets. 

Litigation involving a Power of Attorney may include:

• Alleging breaches of fiduciary duties by the agent
• Demanding or defending an accounting
• Removing Agents for malfeasance    
• Disputes Over the Validity of a Power of Attorney document

Guardianship litigation may arise when a party seeks to establish or challenge guardianship over an alleged incapacitated person or minor. A guardianship ensures that these individuals are properly cared for by granting a guardian the legal authority to make their medical and financial decisions. However, a guardianship may not always be necessary if an alleged incapacitated person has valid powers of attorney and an adequate support system to ensure his/her needs are met. Litigation in this area may include the following:

• Determining whether a person should be declared legally incapacitated 
• Investigating allegations of guardians or agents acting improperly 
• Establishing or challenging the fitness of persons to be appointed as guardians

Call us now at 412-209-3200 or send us an email at contactus@PaLawFirm.com to schedule a free, no-obligation conference to assess your needs.

We are here to help answer any questions you may have and are just a phone call away at 412-209-3200 or feel free to or send us an email at contactus@PaLawFirm.com.