The large transfer of wealth presently occurring has resulted in a significant uptick in estate and trust disputes. Baker Donelson's Fiduciary Litigation Team has considerable experience assisting personal representatives, individual and corporate trustees, charitable organizations and non-profits, individual beneficiaries and families in resolving controversies brought by or against fiduciaries in their handling of the administration of probate estates and revocable and irrevocable trusts. Some examples of these disputes, which are broadly referred to as fiduciary litigation, involve challenges to the validity of wills and trust instruments, disagreements over the proper interpretation of wills and trust instruments, litigation seeking the reformation and termination of trusts, challenges to actions taken by fiduciaries, challenges to changes of ownership and/or beneficiaries of non-probate accounts, removal proceedings and contested guardianship and conservatorship proceedings.
In a typical engagement, Baker Donelson will assemble a team consisting of a trial attorney experienced in litigating estate and trust controversies, and pair them with a planning attorney from our Trusts and Estates – Planning and Administration Group, many of whom belong to the American College of Trust and Estate Counsel (ACTEC). This approach enables Baker Donelson to provide our clients the combined benefit of skilled and experienced fiduciary litigators with the knowledge and experience of attorneys who regularly counsel clients on high-level estate planning strategies, craft planning documents and oversee the administration of estates and trusts.
As estate and trust disputes often times involve personal and emotionally charged issues, we work closely with our clients to find the most effective and efficient way to solve the problem. This includes the use of mediation and alternative dispute resolution in cases that can be resolved in advance of trial.