Services Probate, Trust & Guardianship Litigation & Administration

Kean Miller probate, trust, and guardianship litigation and administration attorneys handle intricate, high-stakes, and emotionally charged matters involving the protection of assets that, in some instances, have taken lifetimes to accumulate. We pride ourselves in our ability to provide sound legal advice and achieve innovative solutions for wealthy individuals, families and family offices, privately-owned companies, beneficiaries, and corporate trustees and financial institutions.

When disputes arise, we approach the engagement with the sensitivity or force required to achieve our clients’ goals. If circumstances require it, we are prepared to proceed to litigation to protect our clients’ interests.  We address all aspects of probate, trust, estate, and guardianship litigation, as well as complex and disputed administration issues, including: breach of fiduciary claims – defense and prosecution; fiduciary risk management; accounting litigation; fiduciary surcharge and removal litigation; will and trust contests; guardianship litigation and incapacity proceedings; trust modification, reformation and termination; will and trust construction proceedings; and alternative dispute resolution proceedings for probate.

Representative Experience

• Successful representation of high-net-worth family in probate, trust, and fiduciary litigation matters involving assets of more than $1 billion.
• Representation of a client in contentious litigation which involved allegations of complex accounting errors and the related financial impact on a large family-owned business.
• Representation of individual and corporate fiduciaries, at trial and through verdict, in defense of fraud, negligence, and breach of fiduciary duty claims.
• Awarded unanimous defense jury verdict against claims of fraud, negligence, and breach of fiduciary duty and awarded attorney’s fees for trustee client.
• Successful representation of trustees in contested judicial modification proceedings for complex trusts.
• Successful representation of parties in will contest lawsuits which concerned allegations of lack of testamentary capacity, undie influence, and fraud.
• Awarded defense verdict against claim of common law marriage and awarded attorney’s fees for prevailing client.
• Successfully arbitrated business dispute concerning trustee’s operation of a large family-owned business.
• Successful representation of corporate fiduciary against investment churning allegations for trust and estate portfolio.