Trust and Estate Litigation
Your loved ones deserve to be properly cared for in their final years, and to have their wishes fulfilled when they are gone. Disputes over a loved one’s money are some of the most bitter and contested fights a person can ever go through in their lives. Many times, these cases amount to the disposition of a lifetime of someone’s hard work and earnings. Your loved one’s legacy should be properly handled. You need an experienced and dedicated litigation attorney on your side when it comes time to fight.
During life we have control over our assets and their disposition. Upon death that control is placed in the hands of judges to discern the decedent’s wishes based upon the documents and instructions left behind. The attorneys of the Smith Alling, P.S. Trust and Estates Litigation section are experienced in articulating and expressing those wishes in the courtroom. They have dedicated years of practice to advocating for just results for their clients. Given that an entire case can turn on the judge’s reading of a particular provision of a document written by someone now deceased, it is imperative that the attorney presenting your case have the experience and knowledge to clearly articulate to the court why their client should prevail.
Our attorneys handle a variety of Trust and Estate Disputes and Claims, including:
- Will Contests
- Trust Contests
- Breach of fiduciary duty
- Actions to remove fiduciaries, including Trustees, Powers of Attorney, Personal Representatives and Guardians
- Undue Influence
- Lack of Mental Capacity
- Fraud
- Surviving spousal claims and disputes over the type of property owned by the decedent
- Committed Intimate Relationship claims (formally known as Meretricious Relationship claims)
- Probate litigation
- Intestate claims
- Survivorship designation disputes
- Guardianships
- Power of Attorney disputes