Fiduciary & Estate Litigation
With the aging of the baby boomers, billions of dollars worth of accounts and assets, as well as control of privately owned businesses will be passed to the next generation, primarily through wills, trust provisions, gifts and other planning tools. This shift in wealth will create inevitable disputes between beneficiaries, family members, partners and shareholders against trustees, personal representatives and fiduciaries. Claims against attorneys, accountants and advisors will also be inevitable where parties become dissatisfied with the results of planning and trust and estate administration.
Few attorneys have the trial skills necessary to effectively handle these cases in court. Few trial attorneys possess the knowledge of estate and probate law necessary to understand the complex issues that arise in each case. Willoughby Doyle combines the extensive trial experience of its litigation practice group and its knowledge of trusts and estates practice to handle complex fiduciary litigation. We frequently represent individual beneficiaries, families and fiduciaries when claims arise.
On occasion, an estate administration in California does not go as planned, the assets of a trust cannot be accounted for, or a will may be suspected of having been prepared under suspicious circumstances. When such situations arise, we can help. Whether an executor is asked to defend the validity of a will, a child believes he has been unfairly omitted from his parents’ estate plan, or a beneficiary believes a trustee has absconded with the trust assets, our knowledge and experience can be a tremendous asset.
We are experienced in handling diverse and complex fiduciary litigation issues involving:
- Breach of fiduciary duty
- Trust misappropriation and Trust mismanagement
- Will contests
- Breach of buy/sell agreements
- Business and asset valuation disputes
- Challenges to fees and commissions
- Actions taken by Agents under Power of Attorney
- Removal of fiduciaries
- Surcharge of fiduciaries
- Interpretation of Wills
- Fiduciary and Estate tax errors and omissions
- Mistakes in drafting Wills and trust instruments
If you have a trust or estate dispute you would like to discuss with the attorneys of Willoughby Doyle, please contact us.
Does the Firm Handle Cases in My Hometown?
Yes. Willoughby Doyle is a national law firm. We represent clients in serious cases across the country. Our lawyers are licensed to practice in California, New York, Florida, Ohio, and the District of Columbia. The attorneys of Willoughby Doyle will obtain admission in any state where our technical expertise and trial experience can make a difference.
Statute of Limitations
The laws of Fiduciary and trust Litigation vary in each state. In addition, there are time limits (statute of limitations) within which you must file any legal action. If you do not file legal action within the statute of limitations in your state, you may forfeit your right to recover damages. If you believe you have a claim, do not wait. Seek professional advice immediately.