Taxation and Wealth Planning

Fiduciary Litigation

Fox Rothschild attorneys have a detailed knowledge of fiduciary law drawn from extensive work counseling parties in matters involving the administration and disposition of wills, trusts, estates and guardianships. Fox represents parties that include banks, trust companies, individual beneficiaries, charities, trustees and executors. When disputes arise, we work on behalf our clients to achieve a settlement that maximizes their interest, or when necessary, limits their liability. If litigation is necessary, we are tenacious in defending those same interests in court. Our attorneys provide thoughtful representation that addresses not only the issue at hand, but broader long-term ramifications of decisions involving fiduciary powers.

We handle matters that include:

  • Guardianship issues and litigation, including initiating an action to have to have someone declared incapacitated, as well as defending against such claims on behalf of the alleged incapacitated person or any interested party
  • Will and trust disputes, including claims of lack of testamentary capacity and undue influence
  • Litigation involving powers of attorney
  • Representation of charitable entities related to their interests in estates and trusts
  • Trustee-beneficiary disputes, including breach of fiduciary duty claims and challenges to fees and commissions.
  • Cy pres petitions
  • Litigation involving the interpretation of a will or trust.
  • Removal and surcharge of fiduciaries, and defense of fiduciaries against such actions