• Disputes can often arise in the administration of a trust or a probate estate, especially when there are substantial amounts of assets or a family-owned business involved or when family conflict is present. These disputes can arise between beneficiaries, between a trustee or other fiduciary and beneficiaries, or with third parties.

    Bergman Dacey Goldsmith’s experienced trusts and estates attorneys have a long track record of successfully resolving these disputes using informal means, saving clients valuable time and money and enabling them to avoid unwanted litigation and attention. When litigation proves unavoidable, our experienced trust and estates litigation attorneys have successfully prosecuted and defended their clients’ interests, both before the courts and in arbitration.

    In trust and probate litigation, Bergman Dacey Goldsmith represents both beneficiaries and fiduciaries, including high net-worth individuals and their families, corporate trustees (e.g., banks and trust companies), executors, trustees, administrators, other fiduciaries, and non-profit organizations. Many of our individual clients are well-known entrepreneurs and business owners; we value the trust they place in us to protect their personal and financial affairs from public scrutiny.

    Bergman Dacey Goldsmith’s trust and estate litigation attorneys combine in-depth understanding of trust and estate law with decades of experience in litigation procedure and tactics, much of which is unique to trust and estate disputes. The end result is a more expert, efficient, and responsive advocate. We also draw upon the breadth of substantive knowledge within our firm to advise on special aspects of a given dispute, including tax, environmental, real estate, and corporate law. Whether it is probate or civil court, including appeals, our clients benefit from our decades of experience in handling trust and estate litigation matters, in and out of the courtroom.

    Our experience includes litigating trusts and probated disputes involving claims for breach of fiduciary duty, claims for breach of duty of loyalty, environmental claims, investment claims, beneficiary disputes, contested heirship, pretermitted and adopted heirs, disputed creditor claims, judicial construction and modification of wills and trusts, will and trust contests, will and trust validity, capacity, undue influence, elder abuse, contested powers of attorney, contested accountings, fraudulent transfers, partition actions, spousal right of election, family and estate management disputes, conservatorships and guardianships, and other issues.

    We intentionally foster a consultative relationship with our clients to help them avoid disputes when possible and to resolve disputes efficiently. It has been our experience that this approach allows our clients to anticipate potential issues earlier and to handle them more expeditiously and often more favorably.

    Trust and estate litigation requires skilled and experienced counsel who can understand and appreciate the intricate and often complex legal and financial issues involved as well as the delicate and often emotional nature of these cases. Bergman Dacey Goldsmith has the experience and the expertise for handling your probate or trust dispute and is committed to providing you with the highest level of personal service, while maintaining the utmost discretion.

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