The members of Parker Poe’s fiduciary litigation practice have extensive experience in representing both fiduciaries (executors, trustees, attorneys-in-fact) and beneficiaries in disputes involving estates, trusts and powers of attorney. Fiduciary litigation cases can arise in a variety of contexts and our attorneys have handled matters including will caveats, trust disputes, claims for the spousal elective share, breaches of duty under powers of attorney, declaratory judgment actions seeking construction of ambiguous wills and trusts, payment of fiduciary compensation and actions to remove a fiduciary.
Through a combination of litigation and estate planning expertise, our attorneys are able to navigate the complexities of the underlying fiduciary law principles relevant in these cases, as well as effectively strategize and advocate a successful result. Often the applicable law in fiduciary litigation cases involves the probate code, uniform trust code and tax law. Our team of experienced estate planning attorneys provides the depth of knowledge and experience to support our litigators in successfully presenting the complexities of the applicable law in support of our clients’ position. Through the experience of our litigators, we powerfully advocate on behalf of our clients to secure a favorable ruling or settlement.
Often fiduciary litigation matters can result in substantial legal fees, borne by the beneficiaries or estate/trust at issue. Through implementing a thoughtful strategy and a willingness to participate in mediation, the expenses associated with a formal complaint, pre-trial discovery and trial can be avoided. Our team of attorneys diligently prepares and actively participates in pre-suit and pre-trial mediation in an effort to successfully resolve disputes and minimize costs and risks.