Trust, Estate & Probate Litigation

Practice Area

Trust, Estate & Probate Litigation

The Trust, Estate & Probate Litigation Practice serves fiduciaries, families, and individuals facing disputes involving trusts, wills, guardianships, conservatorships, powers of attorney, living will and health proxies, as well as disputes related to business/commercial/real estate matters that may arise in the context of a probate proceeding.

Whether a dispute has arisen in connection with a will or a trust, in the administration of a trust or a decedent’s estate, or other probate proceeding, Lewis Brisbois has the probate litigation experience and flexibility to handle it all. With over 40 different practices firm wide, we have extensive resources within Lewis Brisbois to address unique legal questions or issues that may arise. And, with offices from coast to coast, our clients have the benefit of multi-state resources to address cross-border probate matters. Our attorneys have extensive trial experience and are adept at all forms of Alternative Dispute Resolution.

Our practice includes:

  • Resolving disputes among trustees/personal representatives/executors and beneficiaries
  • Claims of maladministration of an estate, trust, conservatorship, or guardianship
  • Will contests (lack of testamentary capacity, undue influence, mistake of fact, duress, defective execution of instrument, intentional interference with an expectancy interest)
  • Contested accountings and related disputes
  • Breach of fiduciary duty
  • Forged, falsified, or questioned documents
  • Fiduciary advice, representation, and defense
  • Fraudulent transfers
  • Disputes arising out of powers of attorney, living wills, and patient advocate designations
  • Recovery of estate/trust assets
  • Protection of estate/trust assets
  • Protection of beneficiary rights
  • Pursuit of creditor’s claims in probate
  • Financial exploitation of the elderly

Chair