Fiduciary Litigation

Peterson Goodman & Hawkins PLC assists clients in litigating and resolving estate disputes. We provide counsel and, when necessary, courtroom representation, to executors, beneficiaries, trustees, and family members. We have experience assisting clients in high stakes litigation involving valuable assets.

There are many reasons why estate disputes arise. Fiduciaries may violate their responsibilities in their roles as trustee, executor, guardian, conservator, or attorney-in-fact. Other times, fiduciaries are accused of malfeasance by beneficiaries and heirs and need an experienced attorney to defend them.

Types of estate disputes

We realize that estate disputes typically involve highly personal and deeply divisive issues. We have litigated many types of disputes.

Removal of trustees and executors

A trustee or executor of an estate can be removed for a breach of fiduciary duty. A breach of fiduciary duty could include conflicts of interest, incompetence, or misappropriating or stealing assets. Typically, for removal to occur, beneficiaries have to prove that the executor or trustee has acted not just irresponsibly, but in a manner that the courts will view as a serious breach of the fiduciary duty. 

Peterson Goodman & Hawkins PLC can help develop, strengthen, and prosecute a case brought by beneficiaries and it can also defend fiduciaries against accusations, demands and lawsuits filed to remove the fiduciary.

If you are a fiduciary accused of wrongdoing or a beneficiary who suspects wrongdoing, do not hesitate to contact our estate litigation attorneys.

Trust reformation

While reserved for special circumstances, trusts can sometimes be reformed. For example, a beneficiary may claim that the meaning of language in a trust is ambiguous, and that the actions taken by the fiduciary do not accurately reflect the deceased settlor’s (trustor’s) intent. If a court agrees that the language has been misinterpreted or that the language is insufficient to carry out the settlor’s intent, then the trust may be reformed.  State laws also may provide for trust modification or termination if all of the beneficiaries consent and other conditions are met.

Will contests

Successfully contesting a will requires that beneficiaries or potential beneficiaries prove that a will or certain provisions in that will are invalid under state law.

A reason for contesting a will could be that the testator lacked mental capacity at the time the will was written. Another reason could involve showing undue influence by a beneficiary on the person making the will.

Ultimately, the best way to avoid a trust or will dispute is to have an experienced attorney create an effective estate plan.