Find Lawyers in Oklahoma, United States for Litigation - Trusts and Estates
Tony Haynie primarily focuses his practice on the litigation and resolution of business disputes. In the course of his practice, Mr. Haynie has represented brokerage houses, banks, Fortune 500 companies, insurance companies, bankruptcy trustees, small businesses, partnerships, non profit entities and individuals in a variety of matters in state and federal courts at all levels throughout the country. Mr. Haynie practices in a number of substantive areas including contracts, business torts, tr...
Stacey D. Spivey's practice focuses on estate planning and trust and estate administration and litigation. Ms. Spivey works with individuals to prepare and implement their estate plans to meet family, tax and other goals, including business succession planning. She also works with individuals and fiduciaries on the management and settlement of trusts and estates, including probate administration, preparation of federal estate and gift tax returns, and estate and trust litigation matters. Ms. ...
Robert has been affiliated with Pray Walker since 1992 and has focused on trials of civil disputes. Robert’s practice began with the defense of personal injury and product liability lawsuits, but has grown to include handling cases involving business fraud and interference, breaches of corporate duties, and problems arising from business agreements. The contractual disputes range from commercial warranty claims to construction problems to oil and gas accounting issues and surface damage...
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.
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.
Best Lawyers employs a sophisticated, conscientious, rational, and transparent survey process designed to elicit meaningful and substantive evaluations of the quality of legal services. Our belief has always been that the quality of a peer review survey is directly related to the quality of the voters.
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