Fiduciary Litigation

When disputes arise from estate, trust, guardianship or elder exploitation matters, ShuffieldLowman’s fiduciary litigation team offers extensive experience in all aspects of this sensitive and often emotionally charged area of law. Of primary importance is listening to our clients’ needs and concerns and developing game plans to best achieve those goals. The fiduciary litigation team is experienced in working to avoid or minimize the impact of litigation on family relationships when possible and advisable. However, when a case cannot be resolved and needs to go to final hearing or trial, our team is well prepared to effectively and vigorously represent clients in state or federal courts.

Clients assisted by the fiduciary litigation team include individuals, trustees, executors, guardians, beneficiaries, charitable organizations, educational institutions, banks, trust departments, officers and directors, shareholders and entities, and other positions where fiduciary duties are at issue. The team offers experience in a broad range of areas, including:

  • Breach of fiduciary claims both defense and prosecution
  • Litigation regarding fiduciary accounting
  • Surcharge and removal litigation of a personal representative, trustee or guardian
  • Will and trust contests
  • Contested guardianship and incapacity proceedings
  • Trust modification, reformation and termination
  • Litigation regarding discharge of trustees and personal representatives
  • Will and trust proceedings regarding ambiguous documents
  • Representing personal representatives, trustees and guardians
  • Power of attorney litigation
  • Health Care Surrogate Litigation
  • Elder exploitation litigation
  • Representation of beneficiaries in trust and estate proceedings

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