Trust and Estate Litigation

A valid Will must satisfy specific legal requirements. If those requirements are not met—or if the Will was the product of undue influence, fraud, duress, lack of testamentary capacity, or improper execution—it may be subject to challenge.

We represent clients in a variety of Will disputes, including:

• Contesting the validity of a Will. 
• Defending the validity of a Will. 
• Petitions to admit a copy of a lost or missing Will to probate. 
• Disputes regarding the interpretation of Will provisions. 

Every Will contest is unique. We will carefully evaluate the facts of your case and advise you regarding the most effective strategy to protect your interests.

Trust disputes may arise over the validity of a trust document, the interpretation of trust provisions, or the actions of a trustee. These matters often involve complex legal and fiduciary issues that require careful analysis and experienced representation.

We assist clients in disputes involving:

• Trust validity. 
• Trust interpretation. 
• Trustee misconduct. 
• Breach of fiduciary duty. 
• Improper distributions. 
• Trust accounting disputes.

Probate litigation can involve legal proceedings associated with contesting a Will, disputing a trust, seeking redress for a breach of fiduciary duty, recuperating property that was wrongfully taken, addressing incapacity or undue influence issues, or other inheritance claims. ELP will fight for your rights and help navigate through these stressful issues.

Beneficiaries are generally entitled to receive information regarding the administration of a trust or estate and to expect that trustees and executors fulfill their fiduciary duties with honesty, loyalty, and reasonable care.

If you believe a trustee or executor is mismanaging assets, withholding information, failing to make required distributions, engaging in self-dealing, or otherwise breaching their fiduciary obligations, we can help you understand your rights and pursue appropriate legal remedies.

Serving as a trustee carries significant legal responsibilities. Even trustees acting in good faith may face allegations of breach of fiduciary duty, improper investment decisions, conflicts of interest, or accounting errors.

We represent trustees facing claims brought by beneficiaries and provide practical guidance to help fiduciaries fulfill their obligations while protecting their personal interests throughout the litigation process.

Older adults are particularly vulnerable to financial exploitation, undue influence, and the misuse of powers of attorney or trust assets. If you suspect that a loved one has been financially exploited or that assets have been improperly transferred, we can help investigate the circumstances, preserve evidence, and pursue appropriate legal remedies to protect your loved one’s interests