Probate and Trust Litigation

Jostock & Jostock, P.C. has extensive experience representing trustees, executors, administrators and beneficiaries of family trusts and probate estates in litigation, often involving the unique issues associated with high wealth individuals, complex assets and family business interests.Jostock & Jostock, P.C. - Probate & Trust Litigation

We counsel corporate and individual executors, personal representatives, trustees and other fiduciaries in connection with the administration of probate estates and trusts.  Our firm handles a wide range of issues, including representation in state and federal court proceedings, assistance with accounting and bookkeeping functions and analysis of complex income, estate, inheritance, and generation-skipping tax issues.  We have extensive experience preparing federal and state estate, gift and generation-skipping tax returns for fiduciaries as well as representing fiduciaries in tax audits and other tax controversies.

Jostock & Jostock, P.C. also represents beneficiaries who require or desire counsel in connection with the administration of a trust or estate.  Our role with this type of client often includes tax planning for the beneficiary by utilizing techniques such as disclaiming, renunciation and exercising of powers of appointment.

Our firm regularly litigates contested estates, wills and trusts and has experience representing legatees, devisees, beneficiaries, fiduciaries, family members and other interested parties defending and asserting claims against estates and trustees. We file and defend prudent investor rule claims and breaches of fiduciary duties such as undue influence, fraud and tortious interference with testamentary expectancy by fiduciaries and third parties. We have represented, filed and defended will and trust contests, claims against probate estates and other disputed claims germane to estate and trust matters.

Our firm also has extensive experience representing guardians and other related family members in connection with guardianship matters for minors and disabled adults. Our experience includes the initial establishment of guardianship, contesting guardianship as well as ongoing administration issues such as accountings and other court supervised matters.

Key Areas of Service:

  • Advice during estate administration and the probate process;
  • Assistance regarding guardianship issues and other areas of elder law;
  • Claims of breach of fiduciary duty and/or claims of the prudent investor rule;
  • Contested minor and disabled adult guardianship proceedings;
  • Contested creditor claims against an estate;
  • Proceedings to discover and recover assets;
  • Proceedings to quiet title; and
  • Representation during will or trust contests and will or trust construction proceedings.

Probate and Trust Litigation Concentration Descriptions:

Citations to Discover & Recover Assets
Contested Estates & Trusts
Estate & Trust Administration
Probate & Trust Taxation Issues

 

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