Baker Donelson's Trust, Estate and Fiduciary Litigation Team is led by a diverse group of attorneys who focus exclusively on matters involving trusts and estates, and the unique and complex issues that arise within them. Our team is comprised of attorneys who are nationally recognized in the field of trust and estates, including Fellows of the American College of Trust and Estate Counsel (ACTEC), a former Chair of the Florida Wills, Trusts & Estates Board Certification Committee, a former Chair of the Probate & Estate Planning Section of the State Bar of Michigan, and a Certified Fraud Examiner. Our team members are consistently recognized by Chambers USA, Best Lawyers in America® and Super Lawyers, and are AV®-rated by Martindale Hubbell.
Why Baker Donelson?
Our collaborative team members are experienced with the "three legs" of the trusts and estates stool – planning, administration, and litigation. Clients rely on our attorneys for strategic advice and counsel, helping them to avoid the mistakes and pitfalls in planning and administration that often lead to disputes.
When litigation arises, our trial experience allows us to zealously and effectively represent our clients. Because our experience in the courtroom gives us insight into what works and what doesn't, we can determine when being practical is the client's best course. This includes approaching problems with insightful solutions, advising our fiduciary clients on risk management issues, and educating our individual and beneficiary clients on the role of fiduciaries in a proper administration. Fulfilling our role as counselors is crucial because trust and estate disputes often involve individuals with complicated needs, motivations, relationships, and histories.
Our Clients and Experience
We represent a broad spectrum of clients embroiled in trust and estate disputes and other probate matters. On the fiduciary side, we represent trust companies, banks, institutions, corporations, and individuals in their capacities as trustees, personal representatives, and agents. On the beneficiary side, we represent individuals, trusts, charities, and other stakeholders.
Our team members are experienced in representing clients in the defense and pursuit of:
- Will and trust contests (which sometimes arise pre-death), including alleged lack of capacity and undue influence;
- Breaches of fiduciary duty, including misconduct, malfeasance, mismanagement of investments, and fraud;
- Removal and surcharge of personal representatives (executors), trustees, agents, and other fiduciaries;
- Disputes regarding beneficiary designations for life insurance policies, retirement accounts, joint and transfer on death accounts, and other non-probate assets;
- Claims for tortious interference with an inheritance or expectancy;
- Interpretation of wills, trusts, and other governing instruments;
- Nonjudicial settlements and judicial reformation or modification of wills and trusts;
- Disputes involving accountings and other reports;
- Disputes involving title or ownership to estate or trust property;
- Disputes involving the financial exploitation of vulnerable adults;
- Disputes regarding proper estate and trust administration;
- Termination and distribution of estates and trusts;
- Guardianship, conservatorship, and related incapacity proceedings; and
- Appeals of trust and estate disputes.