Trust & Estate Litigation

Overview

Sideman & Bancroft’s Trust & Estate Litigation Group, co-chaired by Ronald Fisher and Ellen Leonida, represents clients in high-stakes disputes involving trusts, estates, and fiduciary duties. We handle complex controversies, including inheritance disputes, breaches of trust, and conflicts involving control of corporate entities exercised through voting trusts.

We have advised and defended trustees facing controversy, and we have successfully litigated breach of trust and fiduciary duty claims against trustees, including obtaining court orders removing them from their positions. Our team has deep expertise litigating these matters in state courts, including probate courts, and, where appropriate, in federal court.

We focus on achieving our clients’ strategic goals in the most efficient and cost-effective way possible, whether through motion practice, mediation, or, if necessary, trial or arbitration. Our litigators are seasoned trial lawyers who have successfully taken cases to jury verdict in both state and federal courts.

Areas of Concentration

Inheritance and Succession Disputes

Representing beneficiaries and heirs in conflicts over the distribution of estate assets, including disputes involving intestacy, contested bequests, and questions of succession rights.

Breach of Trust and Fiduciary Duty Claims

Pursuing and defending claims against trustees, executors, and other fiduciaries accused of self-dealing, mismanagement, or breach of duty.

Advising and Defending Trustees in Contested Matters

Guiding trustees through disputes that arise during administration and defending their actions when challenged by beneficiaries or co-fiduciaries.

Trustee Removal and Surcharge Actions

Litigating claims seeking to remove trustees for misconduct or breach of duty, and pursuing or defending claims for financial surcharges against fiduciaries.

Conflicts Involving Voting Trusts and Corporate Control

Resolving disputes concerning the governance of closely held businesses or corporate entities where control is exercised through trust or shareholder arrangements.

Will and Trust Contests

Challenging or defending estate planning documents on grounds such as undue influence, fraud, duress, or lack of testamentary capacity.

Disputes Involving Family Businesses, Real Property, and Unique Estate Assets

Handling litigation over control, management, and valuation of closely held companies, significant real estate, and unique or difficult-to-value property.

Arbitration and Alternative Dispute Resolution in Trust and Estate Matters

Utilizing mediation and arbitration to achieve efficient, private resolutions to complex disputes outside of the courtroom.