Advertising Material

Advertising Material


Trust & Estate Litigation

Contact a Trust & Estate Litigation Attorney

OVERVIEW

Stoll Keenon Ogden’s Trust & Estate Litigation practice has extensive experience representing clients in will and trust contests, reformation suits, challenges to and defenses of inter vivos gifts, accounting actions, the management and operation of trust properties, and charitable and exempt organization litigation.

We also represent 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 and the management of assets, including positions taken on taxation matters.

Our attorneys regularly appear in court to litigate issues related to testamentary capacity, undue influence and fraud. We have successfully challenged the execution of wills on behalf of family members and defended the validity of wills challenged by heirs or beneficiaries.

SKO recognizes that litigation over trust and estate matters can be emotionally draining, and our attorneys stand ready to employ mediation or other means of alternative dispute resolution when appropriate.

Benchmark Litigation Kentucky State Firm of the Year 2018

Work Highlights

Breach of Fiduciary Duty

James D. Duff v. David A. Duff et al., Case No. 04-345-USF (E.D. Ky.)

Obtained summary judgment on behalf of executor/trustee in a breach of fiduciary lawsuit by beneficiaries of an estate/trust where the ownership of a coal company was at issue.

Estate Litigation

After a 2 ½ week trial in the Bourbon Circuit Court in 2013, obtained a favorable jury verdict setting aside an estate plan on the basis of undue influence and unsound mind and awarding damages exceeding $550,000 for misappropriation of Trust funds.

Related Practices: Trust & Estate Litigation

Abuse of Power of Attorney & Joint Account

SKO successfully represented a trust company appointed as conservator for an individual diagnosed with dementia who had millions of dollars taken from him by his attorney-in-fact (power of attorney) who also fraudulently created joint survivorship accounts. The individual also generated a will in his favor. SKO successfully voided the will and recovered more than $16 million in assets.

Renunciation of a Will

We successfully defended the renunciation of a will related to an estate involving more than $25 million in assets. In litigation spanning several years, SKO’s client ultimately prevailed at the trial court level and was upheld on appeal.

Probate of Holographic Will

Successfully settled a case on behalf of beneficiaries to a holographic will for a $4.5 million estate where the probate court had originally declined to admit the will to probate.

Reversal of Jury Verdict

SKO was retained after an estate suffered a jury verdict of $3.5 million based on alleged testamentary promises. SKO successfully obtained a complete reversal of the verdict in approximately six months.

Defense of Nonprofit as Beneficiary

Represented a charitable organization in defending a will contest in a multimillion dollar estate where the charitable organization was the primary beneficiary. After aggressively defending the action, SKO obtained a favorable settlement that involved dozens of contesting family members.

Kentucky Supreme Court Ruling & Selling of Interest

Successfully obtained a ruling from the Kentucky Supreme Court that enforced an oral contract between a beneficiary and the estate requiring the beneficiary to sell his interest with the estate’s interest in a bank.

News

Publications