Carruthers & Roth can help in challenging situations, disputes, and litigation when trustees, executors, powers of attorney and/or beneficiaries disagree. Often, these disputes relate to estates, wills, trusts or guardianships. Such issues can be complex. Many times, they involve questions about whether individuals acting as fiduciaries are performing their duties with care, loyalty and/or good faith.
When disputes occur, our attorneys work with and advocate for clients in pre-litigation, litigation and/or by reaching settlements that meet the client’s needs. When further litigation is needed, we have the experience to effectively advocate for our clients in the courtroom as well, advancing their interests through negotiations, motions, trials and hearings. Committed to thoughtful and strategic representation, our attorneys address not only immediate issues but also consider long-term ramifications of decisions involving fiduciary powers.
Our Experience
- Will and trust disputes and litigation, including will caveats, questions of undue influence, breach of fiduciary duty, and lack of capacity.
- Litigation and matters related to powers of attorney, guardianships, and executor or trustee fees or commissions.
- Representation of charitable entities that have interest in estates and trusts
- Forced sales of jointly owned property
- Estate claims by creditors, surviving spouses, children and/or other heirs or beneficiaries
- Removal and/or appointment of those who have fiduciary authority, and defense against such actions
