Trust and Estate Litigation

We are specialists in the area of trust and estate litigation and we frequently represent individuals, trust beneficiaries, personal representatives, trustees, administrators and other fiduciaries in disputes concerning trusts and estates, the management and administration thereof, the duties of fiduciaries, will contests, the interpretation of trust and estate planning instruments and the proper disposition of trust and estate assets. We have achieved outstanding results in these practice areas.

Representative matters:

  • In 2018, we obtained a Probate Court Order removing the Trustee of a Trust and appointing the Successor Trustee requested by DAVISON LAW to administer, distribute and account for Trust assets.
  • Also, in 2018, on the Petition to Remove Trustee and Appoint Successor Trustee filed by DAVISON LAW, the Probate Court approved the Settlement under which the corporate Trustee resigned and the proposed Successor Trustee was appointed to office.
  • In 2017, DAVISON LAW obtained Probate Court approval of the Settlement under which the claimant dismissed her alleged claim to an elective share in the Estate administered by DAVISON LAW’s client.
  • In 2016, we obtained a Court Order striking Objections to the allowance of a Will and the Appointment of the Personal Representative, leading to the rapid resolution of all claims asserted in the Probate Court.
  • In 2016, we resolved claims relating to an estate shortly after we obtained temporary restraining orders and attachments in the Superior Court freezing all assets in the estate and a related trust (approximately $6 million) as well as all personal assets of the trustee and personal representative, where the fiduciary had usurped the entire trust corpus.
  • In 2016, we achieved resolution (through a buy-out on favorable terms) of a longstanding and intractable dispute among shareholders in a closely-held business where our client inherited her interest in the business from his father, a founder, and was subsequently frozen out of the company.
  • We achieved the successful resolution of a complex fiduciary litigation in the Superior and Probate Courts, resulting in the professional trustee paying $12 million of trust funds to our client individually.
  • In a case of first impression, following trial, the Probate Court found in favor of our client that a guardian was not authorized to fund a (d)(4)(A) trust with estate assets after the death of the ward and ordered that the trust reimburse the estate.  On appeal, this ruling was affirmed.
  • In a will contest, following trial in the Probate Court, we obtained judgment in excess of $750,000.00 in favor of our client, which amount included funds found to have been misappropriated from the estate and attorneys’ fees.
  • We have numerous times successfully prosecuted petitions in the Probate Courts for the removal of fiduciaries and the appointment of successors.
  • We obtained summary judgment from the Superior Court for our client in a lawsuit alleging that a general power of appointment was not properly exercised in favor of our client.