Trust, Estate & Fiduciary Litigation

Any institution or individual embroiled in a dispute over a trust or estate needs an experienced trial lawyer who specializes in trust and estate litigation. Powell Goldstein offers that expertise. Unlike most firms, Powell Goldstein has a group of attorneys specially dedicated to trust and estate and other types of fiduciary litigation. This dedication means that your matter will be handled by litigators well-versed in the substantive aspects of trust and estate law with significant experience litigating matters in all courts, rather than by estate planning attorneys inexperienced in the courts or by civil litigators with little or no experience in trust and estate disputes.

Powell Goldstein’s Trust, Estate & Fiduciary Litigation Team has had great success representing individuals, banks, trust companies, and other financial institutions, including several of the largest corporate fiduciaries in the country, in probate, trial and appellate courts. We have successfully represented executors, administrators, personal representatives, trustees, guardians, beneficiaries and heirs in a wide range of trust and estate disputes, including:

  • Accountings;
  • Actions challenging the validity of renunciations;
  • Breach of fiduciary duty actions;
  • Contested guardianship petitions;
  • Contested petitions for year’s support;
  • Determination of heirs;
  • Issues involving non-profit foundations;
  • Modifications of trusts;
  • Removal of trustees or personal representatives;
  • Resignation of trustees;
  • Terminations of trusts;
  • Will and trust construction cases;
  • Will caveats and contests;
  • Will or trust challenges based on mental incapacity; and
  • Will or trust challenges based on undue influence.

As a result of our years of experience in this area, we recognize the havoc that trust and estate litigation can cause in a family. Where possible, we strive to reach resolutions that will maintain family unity. To that end, we have extensive experience in alternative dispute resolution. In many cases, we have obtained favorable settlements for our clients through mediation of trust and estate disputes. We always work with our clients to devise creative solutions that reflect their objectives and protect their interests in a dispute.

Because it is preferable to avoid litigation in the first place, we regularly counsel and advise fiduciaries on the exercise of their duties. This includes conducting seminars for our clients, which often includes trust officers and estate settlement personnel, and examining the policies and procedures of corporate trust and estate settlement departments. Trust and estate law is rapidly evolving and we strive to keep our clients informed and ready to meet these new challenges.

The Trust, Estate & Fiduciary Litigation Team works closely with the Firm’s distinguished Estate and Succession Planning Team to provide unparalleled service to our clients. Through this collaboration, we can provide the highest level of expertise possible to each case—just as our trust, estate and fiduciary litigators have been doing for over 30 years.

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Jennifer Devine Odom
Nicole Jennings Wade
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Sarah Gohl Isabel
Luke A. Lantta
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