| Trust & Estate LitigationAchieving results through experience, zealous and efficient advocacy, and personal attentionDisputes can often arise in the administration of a trust or a probate estate, especially when there are substantial amounts of money involved or when family conflict is present. These disputes can arise between beneficiaries, between a trustee or other fiduciary and beneficiaries, or from third parties.
JMBM's 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 attention. When litigation proves unavoidable, JMBM’s experienced trust and estates litigation attorneys have successfully prosecuted and defended their clients’ interests, both before the courts and in arbitration. | Who We RepresentIn trust and probate litigation, JMBM represents both beneficiaries and fiduciaries, including high-net-worth individuals and their families, corporate trustees such as banks and trust companies, executors, trustees, administrators and other fiduciaries, as well as non-profit organizations. We have also represented Multiple Employer Welfare Arrangements (MEWA's) in connection with fiduciary litigation under ERISA. Many of our individual clients are well-known entrepreneurs, business owners and entertainment talent, and we value the trust they place in us to protect their personal and financial affairs from public scrutiny. JMBM regularly represents the “who’s who” of corporate fiduciaries, including regional leaders and Fortune 500 financial institutions. Many of our individual clients are well-known entrepreneurs, business owners and entertainment talent, and we value the trust they place in us to protect their personal and financial affairs from public scrutiny. | Our Trust and Estate Litigation ExperienceJMBM'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, more efficient and more responsive advocate. We also draw upon the breadth of substantive knowledge within JMBM, to advise on special aspects of a given dispute, including tax, environmental, intellectual property, 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, charitable pledge disputes, 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, wrongful death recovery, family and estate management disputes, conservatorships and guardianships, among other issues.
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JMBM's attorneys have successfully resolved lawsuits in federal, state and probate courts, as well as through arbitration before AAA, JAMS, and FINRA. Examples of our attorneys' experience include the following:
For Fiduciaries
- Represented a corporate fiduciary in litigation relating to investment management, alleged breach of fiduciary duties, duty to assert apparent undue influence, and environmental issues regarding undeveloped property.
- Protected the rights of the world's largest retirement membership organization to a significant charitable bequest, which the corporate fiduciary's trust officer had attempted to assign to another institution with which the trust officer had a relationship.
- Successfully defended Fortune 500 financial institutions, including bank trust companies, trust companies and other corporate fiduciaries, against claims of breach of fiduciary duty, breach of contract, prudent advisor act violations, regulatory violations, fraud and negligence involving financial institution products, and duties of loyalty.
- Represented numerous corporate fiduciaries in disputes concerning appropriate investment advice, investment decisions and investment performance.
- Successfully represented a $150 million estate in a complex case involving 36 corporate and LLC interests in 8 states, more than 70 residential and commercial property interests, and 20 financial accounts.
- Represented fiduciaries in fraud cases involving charitable lead trusts and charitable remainder trusts, in lawsuits that alleged kickbacks to the estate planning firm in exchange for being named as trustee or as beneficiaries of the trusts.
For Beneficiaries
- Represented trust beneficiaries in litigation against individual trustee and beneficiary alleging undue influence, capacity, due execution, forgery, constructive trust and elder abuse.
- Represented trust beneficiaries in litigation against the second spouse of the decedent, who allegedly had a hand in hastening the decedent's death and exerted undue influence to modify the will and trust to her benefit in close proximity to decedent's death.
- Represented trust beneficiary in litigation against the trustee who did not properly account for the assets of the estate or make timely distribution as required by the trust.
- Represented the settlor and trustee of a living trust who was sued by his beneficiary son for early distribution of a multi-million dollar bequest before it was due under an age restriction clause in the trust.
- Represented family members in structuring a pre-death settlement of adverse claims that would have been asserted post-death through estate and trust litigation.
- Resolved on very favorable terms, a beneficiary's inheritance rights against a co-beneficiary who had secretly stolen estate property by prosecuting a civil action based upon the elder abuse claims of both the beneficiary and the decedent.
 | Risk ManagementWe 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. | Our CommitmentTrust and estate litigation requires skilled and experienced counsel that can understand and appreciate both the intricate and often complex legal and financial issues involved as well as the delicate and often emotional nature of these cases. JMBM has the experience and the expertise, and is committed to providing its clients with the highest level of personal service, while maintaining the utmost discretion.
Please contact us. We would be pleased to discuss how we can help resolve your dispute.
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