Increasingly, sophisticated estate plans are being set up to protect wealth, avoid taxes, avoid probate after death, and for a variety of other reasons. While there are numerous great reasons to set up such estate plans, they can also result in problems, such as:
- Issues of competency, undue influence or duress at the time that the plans were established;
- Issues of waste or improper asset administration by trustees;
- Disputes between trust beneficiaries;
- Disputes regarding fraud, breach of fiduciary duty, misappropriation or self-dealing by trustees; and
- Disputes between income beneficiaries and asset beneficiaries .
When any of these problems arise or are even suspected, it is important to speak with an attorney experienced in the areas of trust and estate litigation. Churchill, Quinn, Hamilton & Van Donselaar, Ltd. frequently represents beneficiaries and trustees in complex litigation involving trust and estate matters. Our approach to such matters involves quickly identifying whether anything inappropriate has occurred, and if so, immediately preparing a plan to solve the problem that has been created and return our clients to their rightful positions.
Churchill, Quinn, Hamilton & Van Donselaar, Ltd. is recognized as a firm for such litigation. Our knowledge, professionalism and success have earned us credibility with courts and opposing counsel in litigating such matters. Our attorneys combine the knowledge of the law related to trust and estate litigation with our complex litigation experience to bring about highly successful results for our clients.
Our attorneys have:
- Recovered in excess of $1 million of funds stolen from trusts by family members and fiduciaries of trust beneficiaries.
- Successfully defended several will contests where wills were challenged by disgruntled family members on the basis of undue influence, inappropriate procurement, and other claims.
- Successfully recovered funds from third-party fiduciaries in cases where those third parties have facilitated wrong-doing by trustees.