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Fiduciary Litigation

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Overview

Our Fiduciary Litigation Group handles complex fiduciary litigation on behalf of nationally recognized institutions and individuals. We draw on our century-old trust and estates practice and the extensive trial experience of our litigators to help institutional and individual fiduciaries carry out their responsibilities in a manner that allows them to avoid litigation.

When conflict cannot be avoided, we put our vast experience in alternative dispute resolution to work. We have a greater than 90 percent success rate in resolving matters quickly and efficiently through negotiation, mediation and arbitration. However, in the rare instances when matters are not resolved, in one of those forums, our lawyers are skilled at resolving issues at trial.

We also represent beneficiaries who seek to challenge the actions of individuals who serve as their trustees or executors. The Fiduciary Litigation Group has significant experience both attacking and defending estate planning documents with regard to allegations of lack of capacity or undue influence. In addition, we represent clients on both sides of contested conservatorship matters.

Our experience representing both trustees and beneficiaries means that we can understand both sides of the issues, yielding positive results for all of our clients. We have a broad geographical reach with fiduciary litigation capabilities in major markets throughout the U.S., including New York, Florida and California. Few firms are able to combine our depth of knowledge regarding fiduciary issues with such a national platform.

Proskauer was named “Law Firm of the Year” for Litigation–Trusts & Estates in U.S. News-Best Lawyers 2014 “Best Law Firms,” the only firm to receive this prestigious designation in this category.

Areas of Focus

  • Counseling
    • Trust Intake
    • Administration Procedures
    • Tax Planning
    • Controversial Trustee Actions
    • Educational Seminars
  • Litigation
    • Claims Against Fiduciaries
    • Will and Trust Contests
    • Guardianship Disputes
    • Charitable and Exempt Organization Controversies