Creating an estate plan comes with the assumption that your wishes will be respected and honored. Unfortunately, this is not always the case. A variety of factors contribute to the increase in trust and estate litigation, including blended families, sibling rivalries, unfamiliarity with legal formalities, and the complexity of wealth distribution. At Garrity Traina, our experienced team is well-equipped to handle all types of trust and estate controversies with expertise and professionalism.
Understanding the Challenges
Pre-Death Tactics and Family Dynamics
Even before the primary wealth-holder passes away, family members may engage in pre-death tactics, such as filing guardianship or conservatorship actions. These actions can create conflicts and disputes within the family, making it essential to have knowledgeable legal representation.
Multifaceted Legal Issues
Trust and estate litigation involves a wide range of legal issues, especially when dealing with illiquid business interests and unique assets. At Garrity Traina, we offer comprehensive legal services, ensuring that you have the right team of attorneys who specialize in real estate, finance, tax, corporate and securities, governmental regulations, blockchain and digital currency, and intellectual property.
Clients We Serve
Our dedicated team at Garrity Traina represents a diverse range of clients, including:
- Corporate fiduciaries
- Individual fiduciaries
- Individual heirs and beneficiaries
- Charitable heirs and beneficiaries
- Estate creditors and debtors
- Guardians and conservators
We handle various matters such as claims of breach of fiduciary duty, financial exploitation, undue influence, lack of testamentary capacity, will and trust contests, and interpretation of tax allocation clauses, among others. We also assist with trust and estate administration, estate planning, and pre-litigation planning.
The Garrity Traina Difference
We understand the complexities of trust and estate disputes and strive to find practical and effective solutions for our clients while minimizing conflict and unnecessary expenses.
Comprehensive Legal Representation
Unlike other law firms, we handle both contested and uncontested trust and estate matters. Our flexible approach allows us to seamlessly transition from one type of representation to another without disruption.
With a team of experienced trust and estate litigation attorneys across the United States, including Washington, D.C., and Mexico, we provide coherent legal advice across multiple jurisdictions. This expertise allows us to stay ahead of emerging trends and better serve our corporate fiduciary clients.
Dedicated and Involved Attorneys
Our attorneys are not only well-versed in their field but also actively involved in legal seminars and professional organizations. We stay up-to-date with the latest developments in trust and estate law, ensuring that our clients receive the highest level of representation.
Here are some examples of the cases we have handled for our clients:
- Assisting adult children in protecting their rightful inheritance against a step-father’s attempts to gain control.
- Obtaining pre-judgement relief for a Personal Representative, freezing assets in a vulnerable adult dispute involving millions of dollars.
- Representing a decedent’s daughter in a financial exploitation claim brought by another child of the decedent.
- Enforcing a “no contest” clause in a trust after an unsuccessful challenge to its validity due to lack of capacity.
- Advocating for children from a surviving spouse’s first marriage to ensure the funding of a marital trust as instructed by the second husband.
- Helping a surviving spouse in a personal injury settlement against the estate of a deceased husband, preventing disinheritance by the deceased husband’s children from a previous marriage.
- Assisting a trustee in negotiations with adverse beneficiaries to avoid litigation and obtain an uncontested court order for a trustee’s resignation and replacement.
- Representing a trust beneficiary and corporate director in various disputes over the management of a trust-owned family business.
- Handling will contests and guardianship proceedings on behalf of an adult dependent child against step-siblings.
- Representing a successor trustee facing removal and surcharge petitions in a complex trust administration involving numerous income properties.
For a more comprehensive list of our representative matters, visit Garrity Traina.
At Garrity Traina, we are committed to providing exceptional legal representation and helping you navigate the complexities of trust and estate litigation. Contact us today to learn how we can assist you.