Estate Litigation

While it is our intent to avoid litigation involving trusts and estate planning matters, we understand that the administration of estates and trusts can be complicated, and litigation may be the only way to ensure our clients are protected. The attorneys at Ivey, Barnum & O'Mara, LLC always aim to achieve the best result for our clients, whether that means upholding the estate planning documents, contesting any or all of the documents, or questioning if the estate or trust was properly administered.

We combine the resources of our trusts and estates attorneys with those of our seasoned litigation team to create the best approach to representing our clients. Our trusts and estates attorneys bring their vast knowledge of the nuances in estate planning and administration; priding themselves on their familiarity with areas such as: wills, trusts, and probate, as well as the complexity and uncertainty of the current federal and state tax laws. Our experienced litigators bring their expertise in all aspects of the legal process, including pleading, discovery, negotiation, arbitration, alternative dispute resolution, trial tactics, and appeals.

Our clients include individual fiduciaries and beneficiaries and their families, corporate fiduciaries such as bank and trust companies, large financial institutions, executors, trustees, administrators, and charitable beneficiaries. We work closely with our clients to build the strongest case possible in proceedings in which they have a vested interest.

Estate litigation can cover a wide range of matters:

• Probate litigation to dispute the validity of wills on the basis of incapacity of the testator, undue influence over the testator, defective execution of a will, forgery, etc.
• Trust litigation to challenge or defend the construction of a trust or the actions of a trustee.
• Will construction proceedings on behalf of fiduciaries or beneficiaries to clarify an ambiguity in a will.
• Fiduciary litigation to challenge the actions of an executor or trustee in managing the financial affairs of the estate or trust.
• Accounting proceedings to challenge or defend the management of an estate or trust.
• Fiduciary removal proceedings to remove a trustee, executor, conservator, or guardian because of misconduct or incompetence.
• Spousal rights proceedings to question or establish the rights of a spouse to inherit, and to analyze the validity of prenuptial and antenuptial agreements.
• Kinship proceedings to question or establish the inheritance rights of individuals claiming to be related to the decedent.
• Claims proceedings to establish who has a claim on assets of an estate (such as business partners or creditors).

Our team of attorneys includes Michael J. Jones and Jennifer D. Port, who are each experienced in matters concerning the details of estate litigation.

Contact the experienced estate litigation attorneys of Ivey, Barnum & O'Mara, LLC today for assistance with your legal matters.