Trusts & Estates Litigation

At its core, Greenberg Traurig’s Trusts & Estates Litigation Practice fiercely protects clients’ interests, and in doing so, their legacies. With a deep understanding of how unique and complex every trusts and estates matter is, our attorneys are well equipped to address a broad mix of issues involved in these disputes head-on — whether the litigation involves questions as to the validity of a will or trust, including allegations of undue influence or lack of capacity; disputes as to management and administration; challenges to the propriety of distributions or asset allocations; the pursuit and defense of surcharge actions; petitions to remove trustees or modify/terminate trusts; real estate disputes; partnership disputes; fiduciary duties; trust interpretation; investment returns; or another aspect. We are equally motivated by the human interest of our clients as it is at the center of each case and can significantly color the backstory and course of a lawsuit.

Our clients include individuals who need to protect their interests or those of a family member, friend, or colleague, as well as institutional trustees tasked with navigating complex fiduciary issues. GT’s Trusts & Estates Litigation team has been in the trenches in courtrooms across the country for decades and leverages that experience to design strategies aimed at mitigating the risk of litigation, and help constructively address challenges once they arise. Our clients sit at every side of the proverbial table – from individual beneficiaries, charities, foundations, and other interested parties, as well as executors, institutional trustees, banks, and trust companies.

GT is a single firm resource where our trusts and estates litigators work closely and collaboratively with colleagues in other practice areas, including members of our estate planning, family office, private wealth management, bankruptcy, restructuring, and tax groups. While trusts and estates litigation is often complex, our approach is straightforward – we form the best team for each distinct situation and formulate a strategic plan to meet the goals of our clients. And with more than 30 offices nationwide, our attorneys are where our clients are and part of the local fabric of the communities we serve.

We handle the following issues, amongst others:

• Petitions for instructions, including support budgets, division of financial responsibility, and other facets of contested trust administration
• Fiduciary accounting actions
• Trust contests
• Elder/Special Needs abuse actions
• Disputes pertaining to trustee and professional fees
• Disputes regarding guardianships and custodial accounts, their funding and administration
• Petitions for return of trust and estate property and associated damages
• Petitions for approval of, and opposition to, extraordinary compensation
• Petitions for approval of settlements, and opposition thereto
• Civil litigation and bankruptcy litigation involving estates and trusts and their holdings
• Appellate proceedings

Contact Us

To learn more about our Trusts & Estates Litigation capabilities, please feel free to reach out to our Trusts & Estates Litigation contacts.