Trust & Estate Controversy

Overview


For more than a quarter of a century, McDermott’s trust and estate controversy team has been a full-time, full-service group of lawyers, representing fiduciaries and other parties involved in will contests, trust contests, will and trust construction and reformation suits, and other fiduciary litigation.

There is no substitute for experience, whether defending a fiduciary charged with personal exposure for handling an estate, trust or guardianship, representing a plaintiff in a will or trust contest, or navigating a fiduciary or non-fiduciary party through the pitfalls of guardianship or charitable and exempt organization litigation. From having handled hundreds of cases, we have a keen understanding of the critical issues involving the defense of executors and trustees as well as representing plaintiffs in will and trust contests and parties in guardianship controversy, including many complicated will and trust construction suits, charitable and exempt-entity qualification problems, and estate and fiduciary tax-related litigation.

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Results


Defending Executors and Trustees

  • A corporate trustee of a charitable trust in the successful defense against accusations of mismanaging a $250 million trust by favoring family beneficiaries over charities, with claims dropped in settlement, pending summary judgment
  • A corporate trustee in a successful defense in response to accusations of mismanaging investments of a $5 million trust invested 92 percent in equities during the “bubble burst” of the investment markets in the year 2000, with the case dismissed on motion due to various defenses, including the prudent investor rule “no result oriented” standard of conduct
  • A corporate trustee with a successful defense upon receipt of ESOP sale proceeds from a grantor’s stock, after the ESOP collapsed with the company, subsequent to a sale, resulting in no liability for the trustee or trust due to operation of various statutes of limitation, including failure to timely reopen the grantor’s probate estate to pursue personal claims against the grantor

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People


A diverse, global network of industry-leading talent committed to you and your vision.

Key Contacts


David A. Baker

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Nicole K. Mann

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Nicholas Holland

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William J. Butler

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