Trusts & Estates Litigation

Our Trusts & Estates litigators are passionate advocates and strategic problem-solvers, representing clients in high-stakes estate, trust, and family business disputes through every phase of litigation, from pre-suit strategy to trial, appeal, and alternative dispute resolution. Whether in the courtroom or at the negotiating table, we bring clarity, precision, and relentless focus to protecting our clients’ interests.

Our team of seasoned litigators combine extensive trial experience with in-depth trust & estate expertise to provide outstanding results for our clients. And, we work closely with Levenfeld Pearlstein’s estate planning lawyers to draw on the collective knowledge in all areas of trusts, estates and taxation.

We represent fiduciaries, both institutional and individuals, as well as beneficiaries in disputes involving:

Breach of fiduciary duty claims
Will and trust contests
Will and trust construction actions and petitions for instructions
Contested accountings
Trust reformation actions
Probate claims

We also represent clients in family business disputes, including:

Governance and succession conflicts
Separation of interests
Buyouts of minority stakeholders
Derivative actions
Partnership accountings

Recognitions:

Chambers and Partners ranked since 2016, High Net Worth Guide
Multiple litigation partners are fellows in the prestigious American College of Trust & Estate Counsel (ACTEC).
Multiple litigation partners are ranked individually in Chambers High Net Work Guide for Private Wealth Disputes.
Our litigators are frequent speakers for ACTEC, the American Bar Association, Real Property, Trust & Estate (RPTE) section, the Fiduciary & Investment Risk Management Association (FIRMA), and the Chicago Bar Association.

Representative Matters:

Our team is trusted to handle some of the most sensitive and complex disputes involving trusts, estates, and family-owned businesses. Below are select examples that demonstrate the depth of our experience and the results we deliver for our clients.

Will and Trust Contest. Obtained the invalidation of a will and trust amendment on behalf of a beneficiary based on lack of testamentary capacity, undue influence, and breach of an agreement to maintain a mutual estate plan.
Accounting Action. Defended trustees of multiple family trusts against accounting claims and allegations of fraud asserted by certain trust beneficiaries, preserving the clients’ administration of the trusts and defeating the beneficiaries’ challenges.
Beneficiary Rights and Fiduciary Duty Litigation. Enforced a beneficiary’s rights under multiple trusts arising from alleged breaches of fiduciary duty, including failures to provide trust information and accountings.
Petition for Instructions. Secured favorable instructions on behalf of individual co-trustee regarding the distribution of trust assets, dismissal of a breach of fiduciary duty counterclaim, and an award of attorneys’ fees against the other co-trustee.
Partition and Buy-Sell Agreement Litigation. Represented the surviving spouse, trustee, and personal representative of a decedent in litigation arising from a partition action filed by the decedent’s brother and related disputes concerning the enforcement of buy-sell agreements.
Trust Validity and Asset Recovery Litigation. Defeated claims seeking to invalidate a trust established by the client’s late mother and opposed efforts to recover real estate proceeds received by the client during the mother’s lifetime.
Financial Exploitation and Guardianship Matters. Protected an elderly individual and her substantial estate from financial exploitation by a family member, including pursuing the recovery of misappropriated funds and measures to safeguard her assets and well-being.

Your LP Contacts

Whether you’re facing a complex estate, trust, or family business dispute, our experienced litigators are here to protect your interests and guide you through every phase of the process. If you have questions or need strategic counsel, reach out to our team today, we’re ready to help you resolve challenges and move forward with confidence.