The Wicker Smith team comprises experienced administration and trial attorneys who represent clients in various judicial forums, including state and federal courts, inclusive of probate courts and tax courts. We handle a wide spectrum of trust and estate disputes, including will contests, breaches of fiduciary duty, trustee removals, instrument reformation, elder abuse and exploitation cases, and disputes related to capacity and undue influence allegations in guardianship proceedings.

Our litigation attorneys add their knowledge and expertise in estate and tax planning, to formulate and create a comprehensive case strategy, encompassing trial and settlement strategies focused on a client’s objectives.

Additionally, we advocate for individuals in complex probate litigation and elder abuse cases, pursuing optimal outcomes through negotiation, litigation, trial, appeal, and alternative dispute resolution methods in cases involving fiduciary misconduct.

Estate Litigation

• Will Contests: Challenges to the validity of a will based on allegations such as lack of capacity, undue influence, fraud, or improper execution.

Trust Litigation/Breach of Fiduciary Duty

• Allegations that a trustee, executor, or other fiduciary has failed to fulfill their duties or has acted improperly in managing estate or trust assets.
• Trust Interpretation or Modification: Disputes regarding the interpretation, modification, or termination of trust provisions.
• Beneficiary Disputes: Conflicts among beneficiaries regarding their rights, entitlements, or distributions from an estate or trust.
• Breach of Fiduciary Duties

Dispute Resolution

• Other fiduciaries engage us to assess their best practices and policies to mitigate the risk of litigation. We evaluate cases using our extensive litigation experience, staying current with case law and adopting best practices, along with strategic planning resulting in the most effective methods for clients to minimize the risk of costly probate litigation.

Guardianship Administration and Litigation

• Challenges related to the appointment or actions of guardians or conservators for incapacitated individuals.
• Elder Financial Abuse: Claims of exploitation or financial abuse against elderly individuals involving their estates or trusts.
• Our highly skilled team is committed to safeguarding vulnerable individuals from abuse within the context of guardianship proceedings, spanning from prevention of unnecessary guardianships to ensuring protection for vulnerable adults against exploitation.