Trust & Estate Litigation

Amy & Jorja

Our many years of experience in trust and estate litigation provide us with the expertise to handle your litigation matter aggressively, efficiently and effectively. We are strategic and creative, and with our client’s input we use our formidable skills and experience to achieve the desired goals. Because of our years of experience at some of the most prestigious law firms in existence, we are able to provide the quality of litigation representation offered at large law firms with the personalized service and economy of scale of a boutique firm.

Our Services

Our services include full representation of fiduciaries, beneficiaries, and claimants in all varieties of trust and estate litigation. We also represent individuals and financial institutions in controversies regarding lifetime gifts, pledges, and transfers.

Litigation Matters

  • Specifically, our professionals at Beller Smith handle the following types of litigation matters:
  • Will contests and Trust Contests (challenge to validity of Wills, Trusts, Trust amendments, and Trust restatements)
  • Proceedings for removal of Personal Representatives, Trustees or Guardians
  • Breach of Fiduciary Duty cases
  • Imprudent Investment claims
  • Contested Accountings
  • Will or Trust Construction (interpretation)
  • Modification of Wills and Trusts
  • Termination (judicial and non-judicial) of Trusts
  • Heir or Kinship Proceedings
  • Contested Spousal Rights (elective share, homestead, family allowance, exempt property)
  • Challenges to or Protection of Lifetime Gifts and Transfers
  • Challenges to or Enforcement of Charitable Pledges
  • Challenges to or Enforcement of Contractual Rights and Promises (including marital settlement or property settlement agreements in an estate context)
  • Disputes over Validity or Implementation of Advance Directives
  • Disputes over Burial and Disposition of Decedent’s Remains
  • Lost, Destroyed or Damaged Will Proceedings
  • Contested Intestate Estates
  • Trust Funding, Administration and Distribution Controversies
  • Fee Disputes in Estates and Trusts
  • Estate Creditors’ Claims (defense and offense)
  • All Issues Relating to Durable Powers of Attorney