Probate Litigation

Trust and estate related disputes are hugely stressful.  To resolve estate disputes successfully requires careful thought and planning.  Bressler attorneys take a forward thinking approach to trust and estate disputes using a delicate mix of both short and long-term legal strategy and innate interpersonal skills, acquired after decades of successful practice.  Our litigators are known for their ability to guide our clients through exceedingly difficult problems by providing strategic guidance and insightful analysis.

Financial institutions and individual executors, trustees and beneficiaries seek our expertise in the litigation of disputes relating to estates and trusts.  We do so in contested probate and accounting proceedings, discovery and turnover proceedings, trust litigation and construction proceedings.

Bressler is also involved in fiduciary litigation involving claims for mismanagement of securities investments.  Drawing on the combined expertise and experience of the Securities Litigation and Trusts and Estates practice groups, the firm routinely defends individuals and banks, trust companies and other corporate fiduciaries acting as a personal representative or trustee against claims brought by beneficiaries in state or federal court, or in arbitration, alleging mismanagement of securities investments.  Such claims often are based on suitability, failure to diversify or maintaining concentrated equity or debt positions in public or privately held companies, under standards prescribed by the applicable instrument and state fiduciary investment statutes. 

Our attorneys have considerable experience in the myriad of estate related challenges.  We represent our clients in court proceedings, mediations and arbitrations.  We fully understand what it takes to prevail in the face of serious contention and seemingly insurmountable obstacles.  Our experience includes prosecuting and defending claims pertaining to:

  • Undue influence
  • Mental incapacity
  • Accounting proceedings
  • Mismanagement of assets
  • Breach of fiduciary duty
  • Guardianship proceedings
  • Elective share claims
  • Valuation of assets
  • Interpretation of wills and trusts
  • Controversies over commissions and fees
  • Kinship disputes
  • Breach of contract to make will
  • Recovery of estate property