Probate and Trust Litigation

Litigation is the contested aspect of a court proceeding in which a party is seeking relief from others. Estate litigation covers a broad range of topics and matters and KO is well versed in each of them. The firm represents fiduciaries, beneficiaries, and third parties in any type of estate litigated matter, which can include the following:

  • Will contest
  • Fiduciary litigation
  • Removal of personal representative
  • Joint bank and brokerage account disputes
  • Pre- and post- nuptial agreement enforcement
  • Creditor of claims and independent actions
  • Homestead and property rights actions
  • Spousal rights and elective share litigation
  • Estate tax apportionment proceedings
  • Construction and interpretation of wills

Trust litigation matters are also very wide-ranging and the firm has extensive experience in the following areas:

  • Trust contest
  • Reformation or modification of trust agreements
  • Fiduciary litigation and trustee removal
  • Actions seeking accountings and/or the proper distribution of trust assets
  • Actions seeking the proper construction and/or interpretation of a trust