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Litigation - Trusts and Estates - America
About this Practice AreaRoland Achtel is a trust and estate attorney with extensive litigation experience. In his practice, Mr. Achtel prioritizes establishing clear expectations with his clients and maintaining close contact with them throughout each case. Though his legal expertise is highly specialized – trust and probate litigation, trust and probate-related elder abuse, probate conservatorships, trust administration, and general probate matters – his cases are highly diverse. His typical clients inc...
Frank Adams is a Fellow in the American College of Trust and Estate Counsel and is listed in the current edition of The Best Lawyers in America, in the areas of trusts and estates, and trust and estates litigation. He is an AV-rated attorney, and is Board Certified in Wills, Trusts and Estates. Frank practices primarily in sophisticated estate planning and administration, including wills; revocable and irrevocable trusts; asset protection planning; special needs trusts, probate; estate, gift ...
Lee Ann Adams , a member and the Secretary of the Firm, focuses her practice extensively on estate planning and estate administration. During her years of practice with the firm, her clients have included young couples with new families, small business owners, and mature clients facing end-of-life issues. Her estate planning experience includes simple planning as well as the complex planning necessary to address federal and state tax issues, asset protection, and business succession planning....
Chuck Adler joined the firm in 1993 and became Partner in 1995. Chuck has a special interest in planning for individuals, families and closely-held businesses. Chuck counsels individuals and families on complex estate, charitable, financial and retirement planning matters; on estate, gift and generation-skipping taxes; and on the organization and operation of private foundations. He also counsels owners of closely-held and family businesses on succession planning. Before joining the firm, Chu...
Richard Aguilar is resident in the firm's New Orleans office. His multi-state practice focuses on bringing his extensive business experience to bear for clients dealing with issues in areas involving creditor's rights, foreclosure, bankruptcy, reorganization, and high-consequence business and commercial litigation.
Alan Albert is a nationally-honored trial lawyer who has represented clients from Muhammad Ali to multinational corporations in a broad array of commercial disputes, white-collar criminal investigations and prosecutions, intellectual property litigation and other governmental and regulatory matters. Mr. Albert has been recognized in The Best Lawyers in America continuously for the past 20 years, and is one of a small number of lawyers in the country to be recognized by Best Lawyers in six dis...
John Allen focuses his practice on business and commercial litigation. He is a Board Certified Civil Trial Advocate, by the National Board of Trial Advocacy. With over 30 years experience handling legal problems, John has written and co-written dozens of articles and books, and speaks frequently to business and law groups. On a regular basis, he teaches courses in law and trial practice to other lawyers, and often serves as an expert witness. He is a certified arbitrator and mediator.
A seasoned, level-headed attorney committed to practical solutions of family matters Hugh Antrim often works with families on emotionally challenging issues as contested conservatorships and guardianships and the administration of trusts and estates. In the midst of those frequently contentious circumstances, Hugh strives to seek a level-headed way forward for his clients. He finds great satisfaction in achieving a workable resolution – fixing a trust that’s not operating correctl...
Mr. August is a shareholder in the firm. Mr. August has been with the firm since 1994. He is a certified specialist in the fields of both Taxation Law, and Estate Planning and Probate by The Supreme Court of South Carolina. He is listed in the book The Best Lawyers in America in the fields of Bursiness Organizations, Closely Held Companies and Family Businesses Law, Litigation and Controversy - Tax, Tax Law, and Trusts and Estates Law. He received his Bachelor of Arts Degree, magna cum laude ...
Lee H. Ayres is principally a trial lawyer. He has extensive experience in civil litigation, including business and commercial disputes, oil and gas litigation, property disputes, natural resources litigation, products liability claims, professional malpractice defense, trucking defense, personal injury claims, fraud claims, insurance coverage, and insurance bad faith defense. Lee received his undergraduate and law degrees at Louisiana State University Law Center, where he was a member of the...
Mr. Backer concentrates his practice in estate planning, estate and trust administration and fiduciary litigation. He brings over forty years of specialized experience to his representation of individuals, owners of closely held businesses, executors, administrators, trustees and beneficiaries. He aggressively manages will disputes, will construction proceedings, accounting and other fiduciary litigation for individuals and New Jersey-based bank trust departments. He advises and implements we...
David A. Baker serves as head of the Firm's Estate, Trust and Guardianship Controversy Practice Group. He advises clients in the areas of estate, trust and guardianship litigation; probate, estate, trust and guardianship administration; and charitable foundation and exempt organization administration and litigation. He also practices estate planning. Please visit our website for more on David's biography: https://www.mwe.com/en/team/b/baker-david-a
Michael J. Baker is an AV-rated attorney by Martindale-Hubbell and leads the Transactional Group at Hoagland, Longo, Moran, Dunst & Doukas. He has participated in the purchase and financing of projects totaling more than 250 million dollars, including more than 40 million dollars in Farmland Preservation, Open Space purchases and Right of Way acquisitions. In making Open Space, Farm Land Preservation and Right of Way acquisitions, Mike has worked with the NJ DEP, NJ EIFT, NJ Water Supply ...
Frank Baldino is an estate planning attorney who co-chairs Lerch, Early & Brewer’s Estate Planning & Probate group in Bethesda, Maryland. His focus is on protecting the assets of high net worth individuals to minimize federal and state tax liability. Individuals seek Frank’s counsel to develop estate planning and tax strategies that will allow them to protect their assets for their families and future generations. He often works closely with clients’ accountants and ...
John J. Barnosky is a partner focusing in trusts and estates law. His practice includes estate litigation; estate planning, probate and administration of estates and trusts; and taxation. He provides estate planning and counseling advice to families, individuals, banks, foundations, and other institutions. Mr. Barnosky represents clients in litigated trust and estate matters, including will contests and disputes over the validity of trusts, before the Surrogate’s Courts and other courts...
Jared A. Barry of Barry Law Group is a seasoned litigator with expertise in the areas of trusts & estates, business & real estate disputes, and personal injury. He represents clients throughout Southern California, which have included individuals, small businesses and Fortune 500 companies, during his long and successful career. Mr. Barry was named a Southern California Rising Star by SuperLawyers for seven years in row from 2009 to 2016 and a SuperLawyer for Southern California for t...
Paul J. Barulich is the founder, Shareholder and Director at Barulich Dugoni & Suttmann Law Group, Inc. Mr. Barulich's law practice focuses on estate planning clients with high net worth, business owners, and people with significant financial interests in high-tech, wholly owned and start-up companies. Mr. Barulich specializes in representing individual and corporate executors and trustees, and conservators in administrations of estates in contested and non-contested matters.
Jeffrey A. Baskies is a graduate of Trinity College (B.A., with highest honors, 1988) and Harvard Law School (J.D., cum laude, 1991). He is admitted to practice in Florida and Massachusetts. A seasoned trusts and estates lawyer, Jeff routinely advises wealthy families, entrepreneurs, athletes, celebrities and other clients regarding wealth transfer planning and asset protection planning. As part of his diverse practice, Jeff counsels clients on charitable planning (including the creation of p...
Hamden was born in Clearwater, Florida, and is a third-generation lawyer. Hamden attended Florida State University, where he obtained his Bachelors of Science degree in 1976, followed by his Master’s Degree in Criminology in 1979. Hamden attended Oklahoma City University Law School, and graduated with Honors, in 1983, and after serving as a staff attorney, to the Honorable Patricia Robinson, First District Court of Appeal, he attended the University of Florida, where he obtained his Mas...
A. Bernard “Bernie” Bays is a Director of the firm. Mr. Bays has over 50 years of experience successfully representing clients in over 150 landmark Hawaii litigation cases. Mr. Bays focuses his practice in the areas of complex commercial litigation, business litigation, real estate litigation, trusts and estates litigation, legal malpractice law-defendant litigation, real estate law and land use and zoning law. Mr. Bays is Board Certified as a Civil Trial Advocate by the National ...
Ashley advises businesses, financial institutions, and individuals concerning bankruptcies, class actions, contracts, construction, environmental issues, fidelity, surety and financial institution bonds, insurance, professional malpractice, real estate, corporate, and estate matters. She also mediates and arbitrates business disputes. Ashley currently serves as a member of the AAA Construction Panel, AAA Commercial Panel and FINRA Panel as an arbitrator and mediator. After Hurricane Katrina, ...
With over 12 years’ experience working for regulatory agencies of the State of Kansas, Ms. Bellquist now utilizes her government experience to defend licensed individuals and entities before their respective regulatory boards. Her practice includes appealing application denials, responding in investigations of complaints, negotiating settlement agreements, defending against allegations in formal disciplinary proceedings, and petitioning for judicial review of agency actions. Ms. Bellqui...
William G. Benz is a seasoned litigator in the firm’s trust and estate litigation and business transactions departments. He assists a broad array of clients, ranging from private professional fiduciaries to privately-owned companies. Mr. Benz represents both beneficiaries and fiduciaries in complex probate court matters – including family-member, paid professional, and public fiduciaries. Due to his background in business and corporate law, Mr. Benz brings to bear a unique set of ...
Tom has over 30 years of experience in helping clients efficiently and effectively define their estate planning goals and to arrange their affairs accordingly. His expertise includes facilitating the direction of a client-centered and directed strategy and then drafting clear and understandable legal documents to implement it, thereby protecting client wealth, closely-held businesses, and families from taxes, post-mortem chaos and expense, and unnecessary complexity. He has expertise and expe...
J ane C. Bergner's practice encompasses a broad range of tax matters, including tax audit and controversy matters; tax collection disputes; innocent spouse issues; civil litigation at the trial and appellate levels; corporate, partnership, business and individual transactional tax planning; the representation of tax-exempt organizations; and estate, gift and wealth planning and probate. Jane is the author of Chapter 50, "Tax Court Jurisdiction, Procedure & Practice," included in the tax t...
Brett T. Berly is a Shareholder in the firm’s Trusts & Estates section and focuses his practice on the representation of high net-worth individuals and fiduciaries of trusts and estates with respect to estate planning, probate, estate and trust administration, closely-held business succession planning as well as probate and fiduciary litigation matters. As a cancer survivor, Brett brings a unique perspective to his practice, drawing on his personal experience to help structure plans...
Rebecca Blair is a Problem Solver. Having litigated cases in state and federal courts for twenty-five years, Rebecca understands that litigation is about solving a problem. Whether the litigation is the means for solving the problem or litigation is the problem, Rebecca knows that what her clients need is a solution. Rebecca knows that no one enters into litigation lightly. Litigation is time-consuming, expensive, and stressful, but sometimes necessary. Rebecca knows how much is at stake for ...
Long motivated by a desire to see justice served through proper application of the law, Daniel F. “Frank” Blanchard, III is actively involved in civil trial work with emphasis in employment, civil rights, personal injury, consumer law, business litigation, and probate, estate, and trust cases. Frank attended Greenville’s Furman University, where he was inducted into the Phi Eta Sigma Honor Society and received the Furman Scholar and Kennedy Foundation Scholarships. During hi...
James F. Bohrer, Partner at Clendening Johnson & Bohrer, P.C., has practiced law in Indiana for 30+ years and concentrates on estate planning and probate, real estate transactions and real estate development, zoning, business law, and tax protests and appeals. Mr. Bohrer is admitted to Indiana State Courts as well as the United States Tax Court. He is Board Certified as a Trust and Estate Lawyer by the Trust and Estate Certification Board of the Indiana State Bar Association.Mr. Bohrer is...
A native of Lebanon Junction, Kentucky, Ms. Boone practices in all areas of professional negligence and medical malpractice defense, as well as premises liability, probate, estate planning and administration, fiduciary law, and general civil litigation. She is licensed in both Georgia and Tennessee and practices actively in both states. In addition to professional and medical malpractice lawsuits, Ms. Boone has served as counsel in various civil litigation matters ranging from automobile acci...
John E. Bos, attorney, is Of Counsel with Buhl, Little, Lynwood & Harris, PLC. He specializes in Estate Planning, Elder Law, Business Planning, Probate Litigation and Probate and Trust Administration. He is a 1964 graduate of The University of Michigan Law School and also served as Adjunct Professor teaching a seminar on Estate Planning and a class on Estate and Gift Tax law at the law school. Mr. Bos is an accomplished speaker and published author. He is a regular speaker for The Institu...
Gary Botwinick chairs the firm’s Taxation/Trusts & Estates Department. He joined the firm in 1998, becoming Partner in 2001. His career began in the IRS Manhattan District Counsel Office, where he tried civil cases before the U.S. Tax Court. In 1996, he became an associate with a large law firm in Morristown, NJ. As an Adjunct Professor at Fairleigh Dickinson University, Mr. Botwinick taught the Estate Planning component of the University’s Certified Financial Planner program....
Thomas Boulden is a partner at Timoney Knox and focuses his practice in estate litigation. In his 20 years of representation of clients in the Orphans’ Courts of Pennsylvania, he has extensive experience in the areas of will contests, trust, fiduciary and surcharge litigation as well as guardianships for incapacitated persons. He has experience representing both fiduciaries and beneficiaries. In addition to litigation matters, Mr. Boulden assists and counsels clients in estate planning ...
David S. Bouschor, II is a 1991 graduate of the Southern Methodist University Dedman School of Law. Mr. Bouschor was a sole practitioner and a shareholder in a previous law firm until January 2000 when he opened The Law Office of David S. Bouschor, II, P.C. in Denton, Texas. For over twenty-eight years, Mr. Bouschor’s legal practice has consisted of Family Law, Guardianship and Probate. Since 1995 Mr. Bouschor has been Board Certified in Family Law by the Texas Board of Legal Specializa...
Bobby Bowers is a civil litigator who regularly represents and counsels clients with complex commercial disputes. Bobby has considerable experience in real estate and construction-related matters, eminent domain proceedings representing property owners, manufacturer-distributor relationships, fiduciary litigation arising from wealth transfers and trust and estate administration, equipment lease disputes, and railroad equipment matters including car hire enforcement and end-of-lease/return con...
Joel Boxer, one of the founders of the Bird Marella, has 40 years of experience as a lawyer representing parties in complex civil trials in the state and federal courts, and in arbitrations. Mr. Boxer has particular experience and expertise in handling suits involving accounting or other complex issues requiring the presentation of expert opinion testimony. These cases often involve real estate, entertainment industry, contract, probate or trust issues or the representation of lawyers and law...
Christopher W. Boyett co-chairs Holland & Knight's National Private Wealth practice. Mr. Boyett advises domestic and international wealthy families throughout Florida on sophisticated estate planning strategies and options and counsels family businesses on succession planning and tax planning. Additionally, he advises both institutional and individual clients on estate and trust administration issues. He is an Adjunct Professor at the University of Miami School of Law, Graduate Program in...
A veteran attorney who's served Columbia for more than two decades, Bert focuses on helping small businesses in every stage of their life cycle, from creation to handing off to the next generation. His primary practice areas are business succession planning and estate planning, areas often tightly tied for small business owners. He can assist with all areas of business formation, including choice of entity planning; taxation of estates and trusts and business entities; and corporate law. He's...
Steven Brezinski, a partner at Wisconsin law firm Axley Brynelson, LLP , practices in the areas of tax planning and tax litigation, municipal property, elder law, estate planning and probate, real estate, non-profit organizations, professional practices and general business law. Proficient in comprehensive estate planning, Mr. Brezinski structures succession and estate plans for owners of family businesses engaged in numerous industries. In the field of tax law, Mr. Brezinski has over 30 year...
Richard Bridgford is a successful trial attorney with over 36 years of experience who has obtained multiple 7 and 8-figure financial awards for his clients in jury trials, judge trials, arbitrations, mediations, appeals and settlements. Mr. Bridgford presently acts as plaintiff’s counsel in the following serious personal injury/wrongful death/mass tort and class action litigation: Recent Representative Cases 2022 Laguna Niguel Coastal Wildfire vs. SCE. Represents the majority of homeown...
Michael is a partner in the trust, estate and inheritance disputes team at Withers Bergman LLP and is the regional division leader of the US private client and tax team. Michael has extensive experience representing individuals, families, charities, corporate trustees, private professional fiduciaries and creditors in litigation involving complex trusts and estates. Michael’s diverse practice includes will and trust contests, accounting disputes, breach of duty actions, elder abuse and ...
Robert D. Brower is a Member of the firm and has been practicing law since 1972. His practice is focused on representing a wide range of closely held business owners and executives, their families, fiduciaries, and other individuals in matters involving business and estate planning, probate and trust administration, and contested estate matters. Contested Trust, Estate and Fiduciary Matters Mr. Brower has extensive experience in representing individual and corporate personal representatives, ...
DOUGLAS R. BROWN is a principal of Brody Wilkinson and a member of the firm’s Trusts & Estates and Dispute Resolution Groups. Mr. Brown practices in the areas of estate planning, estate settlement, and probate, trust and fiduciary litigation. He represents individual clients in all aspects of estate planning and estate settlement to maximize the transfer of wealth, minimize the effect of estate and gift taxes, plan for incapacity, and plan effectively for disabled family members thr...
Gregory G. Brown, Esq. is an accomplished jury trial veteran and Certified Specialist in Civil Trial Advocacy, a distinction earned by only 140 lawyers in California. A trial lawyer for over 30 years, he has spent over 200 days as lead trial counsel in jury trials throughout California. A student of the jury trial, Brown has been awardedMartindale-Hubbell’s highest honor, an AV Rating, signifying that his legal abilities are of the “very highest standard” and his professiona...
Mr. Brown heads the firm’s Commercial Litigation Section as well as its Professional Liability Practice Group. He is a member of the firm’s Board of Directors and serves as the firm’s Loss Prevention Partner. His practice focuses on complex litigation, including banking and contract disputes, professional liability litigation, legal malpractice defense, antitrust litigation, trusts and estates litigation, First Amendment litigation, and Education law. For over two decades, Mr. Brown has succe...
Litigation - Trusts and Estates Definition
Trusts and Estates Litigation proceedings encompass a variety of matters including conservatorships, guardianships, will contests, claims or defense of claims of breaches of fiduciary duties by trustees and other fiduciaries (e.g., self-dealing, conflicts of interest, breach of trust), accountings, petitions for court instructions, issues of trust modification and reformation, allegations or protection from allegations of undue influence or fraudulent conveyances, and interpretation, advocacy, or defense of testamentary capacity and decedent’s intent.
The practice of Trusts and Estates also includes litigation prevention matters including review and consultation of the policies, practices, and proposed actions of corporate, charitable, and individual fiduciaries against national or state standards for acceptable fiduciary conduct, such as the Uniform Prudent Investor Act, Uniform Principal and Income Act, and malpractice standards.
All of these proceedings take place under the auspices of state Probate Codes and the nuanced procedures of the probate and surrogate courts – the statutory authority and venue under which nearly all trust, probate, guardianship, and conservatorship matters are adjudicated.
Clients vary widely by case and include corporate or individual fiduciaries, such as trustees, executors, administrators, guardians, and conservators, and also include corporate and individual beneficiaries, conservatees, and wards.
Lawyers practicing in this area combine substantive expertise in their states' laws governing the administration of decedents’ estates, wills and intestate succession, trusts, conservatorships, guardianships, and other fiduciary issues with years of experience trying cases before both judges and juries. Lawyers also must take a collaborative and cross-disciplinary analytical approach with other disciplines such as estate planning, real estate, bankruptcy, corporate, and securities law, as well as complex civil and appellate law.
Beyond the difficult legal proficiencies demanded of lawyers in this practice area, cases involving Trusts and Estates issues also require special skills and experience in dealing with the psychology of difficult family relationships, shattering emotional experiences, such as death and incapacity, and often ill-thought-out estate plans.
In selecting counsel in a Trusts and Estates Litigation matter, it is critical to select experienced counsel as these types of cases are fraught with procedural, ethical, and state and federal tax minefields. The best of the best in this field not only bring substantial litigation and probate court experience, but also have additional skills as mediators, arbitrators, and negotiators in the non-litigated resolution of trust, estate, and protective proceedings controversies, helping resolve extremely difficult cases without costly litigation.
Our Methodology
Recognition by Best Lawyers is based entirely on peer review. Our methodology is designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area.
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