At Schaffer Herring PLLC, we offer specialized legal representation for clients involved in Trust and Estate Litigation, catering to both beneficiaries and fiduciaries. Our expertise encompasses a broad spectrum of disputes and concerns related to the management and execution of trusts and estates. Our clients include individuals and institutions acting in fiduciary capacities such as executors, guardians, attorneys in fact, agents, trustees, which may range from family members to banks, trust companies, CPAs, or attorneys. We also represent beneficiaries seeking to address or rectify issues arising from a fiduciary’s performance. Our comprehensive approach to Trust and Estate Litigation includes, but is not limited to, the following areas:

• Claims of Breach of Fiduciary Duty: We rigorously defend or prosecute claims involving allegations of fiduciaries failing in their duties, whether it’s due to mismanagement of assets, failure to distribute assets in accordance with the trust or will, or any act that contradicts the interests of the beneficiaries.
• Will Contests: Our team handles disputes arising from challenges to the validity of wills, which may include issues of undue influence, lack of testamentary capacity, improper execution, or fraud. We provide compassionate and robust representation to ensure that the decedent’s true intentions are honored.
• Estate and Trust Accountings: We assist clients in resolving disputes over the accounting and reporting practices of estates and trusts. This includes ensuring transparency in the handling of assets, verification of the accuracy of financial reports, and resolving conflicts over discrepancies or mismanagement.
• Trustee Fees: Our firm navigates disputes regarding the compensation of trustees, ensuring that fees are fair, reasonable, and in accordance with the terms of the trust agreement or statutory guidelines.
• Trust Administration Actions: We provide legal guidance and representation in actions related to the administration of trusts, including interpretation of trust documents, distribution of assets, and other administrative duties.
• Challenges Against Trust Instruments: Our attorneys are adept at handling challenges against the validity or terms of trust instruments, whether it’s questioning the creation of the trust, amendments to it, or interpretations of its provisions.
• Removal and Surcharge of Trustees: We represent clients in proceedings for the removal of trustees due to misconduct or incapacity, and in surcharge actions to hold trustees financially responsible for losses to the trust estate resulting from breaches of fiduciary duty.

Our approach to Trust and Estate Litigation is characterized by a deep understanding of the sensitive nature of these disputes, often involving family members and close associates. We strive to resolve these matters efficiently and amicably, whenever possible, through mediation or negotiation. However, when litigation becomes necessary, our attorneys are prepared to vigorously represent our clients’ interests in court, leveraging our extensive knowledge of trust and estate law to achieve favorable outcomes.

At Schaffer Herring PLLC, we are committed to providing our clients with the legal support they need during challenging times. Whether you are a fiduciary seeking guidance on your responsibilities and defending against claims, or a beneficiary looking to ensure your rights are protected, our team is here to offer the expertise and dedication your case deserves.

Contact the attorneys at Schaffer Herring PLLC today to schedule your consultation.