
The administration process is not always amicable or routine. Therefore, we represent fiduciaries and individuals in the litigation and mediation of estate, trust and guardianship matters. Whether a will or a trust contest, claims against an estate, or disputes over the administration of a trust, it is the experience our lawyers bring to bear that provides clients with the resources to make good decisions on resolution options - settlement, the courtroom or mediation.
We also represent fiduciaries and individuals in the construction and reformation of wills and trusts when provisions are unclear or tax laws have changed, resulting in unforeseen tax consequences from provisions in irrevocable documents. Our combined tax and administrative experience provides the required substantive and procedural background for interpreting irrevocable documents and to present non-litigation options. Our experience has demonstrated that the way the issues are framed initially with the court often plays a decisive role in the outcome of the proceeding and ultimate tax treatment of the estate or trust.
Several of our attorneys have significant experience handling contested and complex guardianship matters. We are one of the few law firms that has the experience and skill to engage in tax planning and prepare and administer "OBRA payback trusts" for disabled persons and have them approved by the guardianship court.