Fiduciary Litigation

When disputes arise from probate, trust or guardianship matters, ShuffieldLowman’s Fiduciary Litigation team offers extensive experience in all aspects of this sensitive and often emotionally charged area of law. Our lawyers are experienced in listening to the clients’ goals and developing game plans to best achieve those goals. If these goals include trying to salvage family relationships, the Fiduciary Litigation team will work diligently 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 will effectively and vigorously represent clients in state or federal courts, including probate court and guardianship proceedings.

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 also other positions where fiduciary duties are at issue. The team offers experience in a broad range of areas, including:

  • Breach of fiduciary claims defense and prosecution
  • Accounting litigation
  • Fiduciary litigation, including surcharge and removal litigation
  • Will and trust contests
  • Guardianship litigation and incapacity proceedings
  • Trust modification, reformation and termination
  • Litigation regarding discharge of trustees and personal representatives
  • Will and trust construction proceedings
  • Fiduciary Risk Management
  • Power of attorney litigation
  • Elder exploitation litigation

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