In addition to estate planning and administration, the Van Winkle Law Firm works with clients considering or facing legal challenges or controversies regarding estates and trusts. Relying on a team approach that calls upon the skill and expertise of its estate planners and trust and estate litigators, the Van Winkle Law Firm can assist individuals or entities with questions on a wide variety of issues including the interpretation of a will or a trust, whether or not fiduciary duties and obligations have been complied with, whether or not accountings and fees have been properly handled, whether or not trust and estate assets have been properly handled. Our practice group undertakes a thorough analysis of such matters and confers with our clients on the propriety of pursuing such claims. We make extensive use of mediation and other alternative means of dispute resolution, often before any litigation is commenced. The firm also represents the interests of estates and beneficiaries against the government in connection with tax disputes, many of which are resolved through negotiation.
Trust & Estate Disputes and Controversies - Types of Services
- Removal of executors or trustees
- Declaratory Judgment actions regarding interpretations of trusts and wills
- Claims of breach of fiduciary duties by trustees or executors
- Representation of trustees or executors facing claims
- Alternative dispute resolution
PRACTICE HIGHLIGHTS
- The firm was instrumental in resolving the distribution of an estate worth more than $2.5 million where there was considerable confusion and uncertainty over the provisions of the descendant’s will and trust.
- The firm recovered $350,000 for the beneficiaries of a trust where it was alleged that the trustee had made inappropriate distributions from the trust.
- The firm recovered more than one million dollars for a trust involved in a dispute over a life insurance policy.
- Preservation of an $800,000.00 inheritance for three daughters who were told that their father had no assets at his death.