Trust & Estate Litigation

The Trust and Estate Litigation Group has a practice which involves will contests, the challenge and defense of inter vivos gifts, and issues concerning the management and operation of trust properties by fiduciaries.

SKO regularly conducts litigation in which the primary issues are the testamentary capacity of, or undue influence on, the testator, as well as fraud.  Our firm has successfully challenged the execution of wills on behalf of family members, and defended the validity of wills which have been challenged by heirs.  SKO recognizes that litigation for such matters can be emotionally and financially draining on parties, and we make every effort to employ mediation or other means of resolving those disputes.

Our firm has extensive experience in challenging and defending inter vivos gifts made by weakened or impaired individuals to caregivers or other close associates of the donor.  The same challenges which are available in will contest cases can be used to challenge inappropriate gifts based upon lack of competence or undue influence.

SKO also represents fiduciaries entrusted with the management of estates or trusts, when actions by the fiduciary have been challenged by parties, including settlors and beneficiaries.  Such disputes can involve a challenge to the investments made by the fiduciary, the management of assets, including positions taken on taxation matters