Fiduciary / Probate Litigation

Fiduciary, probate, trust and estate disputes are unique and present different challenges that other types of disputes. The attorneys on GDCR’s Fiduciary and Probate litigation team represent fiduciaries and other parties involved in will and trusts contests, will and trust construction and reformation proceedings and other fiduciary litigation.

Drawing on the resources of a highly skilled and experienced litigation practice, GDCR’s attorneys achieve consistently strong results for clients on cases involving wills, trusts and guardianships.  Our dedicated litigators apply deep understanding of oftentimes complex and multifaceted legal issues to develop a strong case strategy that will deliver consistent results at a fair cost. Our practice includes representing individuals and institutions in the following kinds of matters:

  • Contested will litigation to dispute the validity of wills because of incompetence of the deceased, undue influence practiced upon the deceased, improper signing or witnessing of the will, forgery, and other grounds;
  • Trust litigation to challenge or defend the construction of a trust or the actions of a trustee;
  • Will construction proceedings to clarify ambiguity in a will;
  • Fiduciary litigation to challenge the actions of an executor or trustee in managing the financial affairs of the estate or trust;
  • Accounting proceedings to challenge or defend tax issues, investment policies, or accounting procedures in the management of an estate or trust;
  • Fiduciary removal proceedings to remove a trustee, executor, guardian, or conservator because of misconduct or incompetence;
  • Spousal rights proceedings to question or establish the rights of a spouse to inherit, and to consider the validity of prenuptial and antenuptial agreements;
  • Kinship proceedings to question or establish the inheritance rights of more distant relatives; and
  • Claims proceedings to establish who has a claim on assets of an estate (such as business partners or creditors), particularly when the deceased died intestate (there was no valid will in place).

We understand how overwhelming this litigation can be for those involved, which is why we are here to ensure that your rights and interests are protected every step of the way.