Probate Litigation / Probate Controversies


Day Pitney's Probate Litigation and Controversies practice group consists of both litigators and trust and estate lawyers, all of whom have extensive experience in contested probate matters. Our attorneys handle any and all matters related to probate litigation including: trust, estate, fiduciary and heir litigation, breach of fiduciary duties, lack of capacity and undue influence. We work hand-in-hand with our colleagues in the firm's Individual Clients department, which is one of the largest and most sophisticated in the country, drawing upon their technical estate planning, estate administration and tax experience to give our clients unique advantages in avoiding and pursuing litigation. This team approach maximizes the likelihood of success for our clients. We also have extensive experience in all forms of Alternative Dispute Resolution as well as in state and federal appellate practices. 

Representation of Banks, Trust Companies and Other Professional Trustees

All trustees are held to the highest standards of accountability and good faith and none more than corporate and all professional fiduciaries (including lawyers and accountants). In addition to their fiduciary duties at common law, trustees must also satisfy specific duties under numerous statutes, including the Uniform Prudent Investor Act and the Uniform Principal and Income Act. We know how to establish compliance and defend against claims of noncompliance with these duties. We work with our corporate and professional fiduciary clients on strategies designed to anticipate and, if possible, avoid claims by beneficiaries.

Representation of Individuals

Our individual clients include beneficiaries, executors, administrators, trustees and participants in will contests, construction actions, guardianship, conservatorship and psychiatric commitment proceedings and all types of regulatory, accounting, tax and fiduciary disputes. Many of the matters we handle involve disputes among family members. We approach each matter with a sensitivity and understanding of the family context in which these disputes arise, while never losing sight of our clients' goals and legal rights.

Representation of Charitable Organizations

Our charitable organization clients include private charitable foundations, charitable corporations, hospitals, churches, religious organizations and educational institutions. Because any dispute involving a charitable organization affects the interests of beneficiaries as well as the public in general, successful handling of these disputes requires an understanding of both the legal and the practical considerations. We have successfully represented charitable organizations in all manner of disputes, ranging from actions to enforce charitable bequests, to petitions for application of the cy-pres doctrine and claims for breaches of fiduciary duties. 

In all probate controversies, our attorneys combine knowledge and skill gained through years of practical experience with unwavering dedication to our clients' legal needs.