Estate and trust litigation is often family litigation, with complex financial, personal and emotional implications that linger long after judgment or settlement.
Our Estate, Trust and Fiduciary Litigation Practice Group pairs talented and resourceful advocates that are trained and experienced in estate, trust and fiduciary litigation with Wisconsin’s premier estate planners to maximize outcomes for the growing number of families and fiduciaries who find themselves in disputes over wealth planning, preservation and distribution.
Never adopting a one size fits all approach, our attorneys listen and prudently assess client goals to carefully fashion an appropriate and efficient strategy. Litigation should typically be a last resort, and our attorneys advise and negotiate with creativity and sensitivity to try to achieve client goals while avoiding the stress and expense of legal proceedings. However, litigation is sometimes necessary or unavoidable. In those circumstances, a stronger response may be warranted, particularly when family members take rash, improper, and even illegal action with respect to family property. To meet those challenges, our attorneys have the ability, experience and know-how to respond quickly and aggressively, and may even be able to prevent improper and illegal action in the first place.
Trust companies and other professional fiduciaries are also no strangers to litigation. Our attorneys are well-versed in helping personal representatives and trustees to recognize and comply with their fiduciary duties, to seek court instruction when necessary, and to defend their actions after the fact.
We represent fiduciaries, beneficiaries and grantors in a wide range of estate and trust disputes:
- Breach of fiduciary duties
- Fiduciary surcharge, removal and resignation
- Undue influence, lack of testamentary capacity and will contests
- Will and trust construction and modification
- Prudent investment and diversification issues
- Gift, estate and generation skipping tax disputes
- Probate asset identification and recovery
- Charitable pledges and bequests
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