Estate & Trust Litigation Attorneys

What is estate and trust litigation?

Estate and trust litigation is a specialized area of legal practice that focuses on resolving disputed matters in trust, estate and protective proceedings. Some of the proceedings that a trust and estate litigation attorney might be involved in include:

• Guardianships and conservatorships
• Contested wills
• Breaches of the fiduciary duty by fiduciaries, such as trustees
• Trust modification and reformation
• Testamentary capacity and decedent’s intent

Trust and estate litigation also includes review of policies and practices for compliance with legal standards for acceptable fiduciary conduct—in other words, advising on whether the relevant rules are being followed to avoid litigation down the road.

Who do estate and trust litigation lawyers represent?

Depending on the circumstances and legal matters in question, estate and trust litigation attorneys may represent:

• Fiduciaries, including trustees, executors/personal representatives, administrators, guardians and conservators
• Beneficiaries
• Conservatees and wards

Trust and estate litigation attorneys represent their clients in probate and surrogate courts. The types of matters they handle are often highly contentious and emotionally fraught, such as difficult family relationships and unexpected deaths or disabling illnesses.

How much does an estate and trust litigation attorney cost?

Most attorneys in this practice area bill at an hourly rate, ranging from $250 to $350 per hour depending on the complexity of the matter at hand. For contested wills and similar matters, an attorney may charge a contingency fee (that is, a percentage of the size of the contested estate, paid only if the attorney gets a successful outcome) if allowed in their jurisdiction.

How do I choose the right estate and trust litigation attorney?

Estate litigation attorneys need to be well-versed in their states’ laws regarding estates, wills, intestate succession, trusts, conservatorships and related issues. Moreover, estate litigation often heavily intersects with other legal disciplines, such as estate planning, real estate, business and corporate law, bankruptcy, and family law. Effective estate litigators take a collaborative and cross-disciplinary approach and may need to leverage relationships with other attorneys in related practice areas to ensure that their clients get effective representation across the board.

In addition, estate litigators need to have the right mindset and approach to deal with extremely taxing and emotionally difficult matters. Selecting the right estate litigator means choosing someone who not only has the right experience and legal expertise, but also the right communication style and collaborative approach. You need to be comfortable having conversations about sensitive personal matters and trust the attorney to put your best interests first from start to finish.

Estate litigation attorneys may offer a free consultation, but even a paid consultation is generally worth your while to see if the attorney is the right fit for your needs. Trying to go through a contested trust, estate, or protective matter without the right legal counsel can be both emotionally and financially devastating.