trust, estate & probate litigation

The role of fiduciary is often difficult to understand, and trust, estate, and probate disputes frequently turn on how duties are interpreted and applied to specific facts. Attorneys representing trustees, beneficiaries, family members, and fiduciaries retain Esoteric Advisors for independent opinions on trustee conduct, trust administration, and the management of assets held in fiduciary structures.

How we help

• Analyze trust and estate administration, including adherence to governing documents, accountings, distributions, and communication with beneficiaries.
• Evaluate contested fiduciary actions involving individual, professional, and corporate trustees in light of loyalty, prudence, and other applicable standards of care.
• Review trust portfolios and the entirety of assets comprising the corpus in dispute, addressing suitability, diversification, and risk management over time.
• Provide written reports and affidavits and testify in mediation, arbitration, and court on fiduciary conduct, conflicts of interests, and alignment of trustee decisions with client objectives and legal requirements.
• Evaluate internal controls and risk‑management practices within trust and estate administration and related business entities, and recommend enhancements where appropriate.

Typical matters

• Will, trust, and probate contests involving allegations of breach of fiduciary duty.
• Disputes over trustee removal, surcharge, investment strategy, or failure to follow the terms of a trust or will.
• Conflicts among co-trustees, beneficiaries, and professional fiduciaries regarding complex or closely held assets in estate or trust.

Risk Management and Internal fraud

Risk management plays a powerful role in how trusts, estates, and related business interests are administered. Neglecting proper risk management and internal controls can lead to litigation and financial responsibility for third-party injury, internal fraud, or beneficiary harm. Internal fraud is a common issue for financial institutions, trustees, businesses, and individuals, and opinions often address whether controls and oversight were appropriate in light of the risks at issue.