Fiduciary Litigation

Burns & Levinson has one of the leading fiduciary litigation practices in the country. There are few, if any, firms more skilled at resolving disputes involving families, estates, trusts, and property transfers. We are exceptional advocates with success in the courts that is second to none.

We handle a diverse spectrum of difficult issues. Sometimes a will does not provide what had been expected, or there are concerns that a loved one was not of sound mind or was under an external influence when the will was signed. It may be that a trustee or other fiduciary is providing less income to the beneficiaries than to himself, or court approval is needed to change existing trust documents to allow greater tax savings when laws change. In complex estates involving closely held businesses, the valuation and division of business or trust assets are often disputed.

We ably steer clients through proceedings, sensitive negotiations, trials and mediations of will contests, complaints involving trusts and deeds, and similar matters involving allegations of interference with inheritances and contested accounts. We are adept at defending, removing and appointing trustees or other fiduciaries and in all related adversarial court proceedings. In many instances our efforts have saved our clients’ estates thousands – sometimes millions – of dollars.

Our attorneys are also recognized as leaders in questions of guardianship, which is a particularly nuanced and multifaceted area of the law. For decades, courts, lawyers, judges, and individual clients have turned to us in cases involving individuals who lack mental competency to make their own financial or personal decisions. We routinely undertake the role of assisting a client seeking appointment as a guardian, are appointed to act as guardian, or represent clients in contesting an inappropriate appointment. We work with multidisciplinary professionals, including psychiatrists, social workers, protective service workers, state and local officials, and agency administrators to resolve guardianship issues and achieve appropriate goal-directed representation.