Disagreements and disputes over the administration and distribution of estate and trust assets are frequent and complex. If you are a trustee, personal representative, or other fiduciary, or the beneficiary of an estate or trust, you may be learning, or already know, just how complex such disputes can become. While estate and trust disputes occur for a variety of reasons, such as the misconduct of an appointed fiduciary or ambiguities in the testator’s last will or trust agreement, even the most diligent estate planning and most carefully drafted estate documents can, and do, result in complex and heated litigation. Kagan Stern’s attorneys have years of experience representing clients on both sides of estates and trust litigation – both those with the fiduciary duties over such assets and those who are the beneficiaries. Our attorneys provide skilled and experienced representation in preventing, resolving and, when necessary, litigating the full range of estates and trusts issues, such as the removal of a personal representative or trustee, inadequate or disputed accounting of assets, enforcement of asset distribution, and will contest and caveat cases, including those that turn on issues of mental capacity and undue influence.
Kagan Stern routinely represents and assists individual and institutional fiduciaries who find themselves in need of the advice and counsel of an attorney. In some cases, the fiduciaries may be inexperienced in performing the duties to which they were assigned and simply need advice and guidance to avoid disputes or claims. In fact, even the most experienced fiduciaries need and want the assistance of counsel when executing their roles as a trustee or other fiduciary capacity. Kagan Stern’s attorneys advise such fiduciaries on how to effectively fulfill their duties and how to avoid allegations of breach, self-dealing, and other fiduciary-related claims. In other cases, the fiduciaries have already been sued or otherwise challenged by beneficiaries of the estate or trust, or even other fiduciaries, such as a co-trustee or co-personal representative. Kagan Stern routinely represents and assists such fiduciary clients in successfully defending against and resolving such claims.
Kagan Stern’s attorneys are equally experienced and skilled in representing and protecting the interests of the beneficiaries of estates and trusts, as well as co-trustees and co-personal representatives who need to challenge and take action against their fellow trustees or personal representatives. Because we understand the importance of preserving the assets of the estate or trust so that they can ultimately benefit the intended beneficiaries, we seek creative and economic solutions in order to efficiently resolve such disputes. When necessary, however, Kagan Stern’s attorneys zealously and effectively represent their clients in court to obtain the justice and relief they need and deserve, whether it be removal of a trustee or personal representative committing misdeeds, proper accounting of estate or trust assets, enforcing proper distributions of assets, or judicial declaration of the rights of the various parties.
No matter the cause and whatever your role may be in an estate or trust dispute, Kagan Stern possesses the experience and skill to effectively and successfully represent your interests.