New York & North Carolina Trust Litigation Attorneys
Aggressive Trust & Estate Litigation Representation in NY & NC
For estate and trust litigation, matters you want aggressive and experienced representation. Our trust & estate litigation attorneys provide experienced representation for executors and beneficiaries of large estates exceeding $250,000.
Comprehensive Trust Litigation Services in NY & NC
Our estate litigation attorneys in New York and North Carolina can provide you with sophisticated service on a variety of estate and trust litigation matters including:
- Estate Claims
- Representation of Beneficiaries
- Challenging/Contesting a Will
- Spousal Right of Election
- Breaches of Fiduciary Duties
- Removal of Fiduciaries
- Contested Accountings
- MHL Article 81 Adult Guardianship Proceedings
- Wrongful Death/Pain and Suffering Recovery
- Power of Attorney Abuse
What Are The Benefits Of Trust Litigation?
When it comes to protecting your inheritance and ensuring that your loved one's wishes are carried out, trust litigation can be a crucial tool. Our experienced trust litigation attorneys in New York and North Carolina are dedicated to helping clients navigate complex legal matters and fight for their rights.
Benefits of trust litigation include:
- Ensuring the proper distribution of assets
- Holding trustees and fiduciaries accountable
- Resolving disputes over trust management
- Protecting beneficiaries from financial harm
- Seeking justice for breach of fiduciary duty
Whether you are facing a breach of fiduciary duty claim or need to consult a skilled estate litigation lawyer, our team is here to provide aggressive representation and comprehensive trust litigation services in New York and North Carolina.
What Are The Legal Grounds For Contesting A Trust?
Contesting a trust involves challenging the validity of the document or its provisions. As experienced trust litigation attorneys serving New York and North Carolina, we often guide clients through this complex process.
There are several legal grounds for contesting a trust, which include:
- Lack of Capacity: The person who created the trust (the grantor) lacked the mental capacity to understand the implications when the trust was established. Mental incapacity can stem from various conditions such as dementia, serious illness, or other cognitive disorders, which prevent the grantor from fully understanding the ramifications of their decisions.
- Undue Influence: The grantor was improperly swayed or controlled by another party into setting up or modifying the trust in a manner that deviates from their true wishes. This typically involves undue manipulation from a close associate, family member, or caregiver, who exploits the grantor's vulnerabilities for personal gain.
- Fraud or Duress: The trust was established under fraudulent conditions or through coercion. For example, should the grantor be misled about the trust’s provisions or compelled to sign the document under threat or pressure, the legitimacy of the trust can be brought into question.
- Improper Execution: If the trust fails to comply with state regulations—such as missing required signatures or witnesses—it can be contested based on these procedural shortcomings.
- Mistake: When a significant error occurs in the creation of the trust that misrepresents the grantor's true intentions, this can serve as grounds for disputing the trust.
Need a Trust Litigation Lawyer? Contact Us Today
If you are facing disputes over estates or trusts, consulting a New York estate litigation attorney or a trust litigation lawyer near you is prudent. A qualified attorney knows how to navigate the complexities in the legal process, resolving conflicts efficiently. The estate and trust litigation attorneys at Parisi, Coan & Saccocio, PLLC specialize in these cases, offering legal expertise to handle contested wills, breach of fiduciary duty, beneficiary disputes, or contested trusts. Their guidance ensures compliance with laws in New York and North Carolina, protects beneficiaries' rights, and resolves conflicts through negotiation or litigation, ensuring fair distribution and upholding the wishes of the deceased.
Understanding Breach of Fiduciary Duty Claims
A fiduciary duty breach is not acting in the best interest of another party. Executors, Trustees, and Powers of Attorney must act honorably and in accordance with the law. A beneficiary or other interested party can bring an action against a fiduciary if there is a question about whether that fiduciary has acted appropriately.
The laws governing the acts of fiduciaries are very complex. Our trusts and estates departments in North Carolina and New York have represented many clients both in their capacity as a fiduciary and as a beneficiary where the acts of the fiduciary are in question. Having quality counsel in these types of contentious litigated matters is essential to avoid the many traps for the unwary including the potential to be surcharged for the legal fees incurred by the opposing party.
Consult a Skilled Estate Litigation Lawyer in NY
During the administration process, an estate can be challenged at any time. If you or your family needs to take legal action against another party or defend your actions, you should seek the advice of an experienced estate litigation attorney.
Parisi, Coan, and Saccocio, PLLC has over 100 years combined experience in estate planning, administration of client’s wishes after passing, and representing litigants in cases of disputed estate matters.
Get Expert Trust Litigation Help in NY & NC – Contact Us Now online or call 914-228-7448 to learn more about our comprehensive estate & trust litigation services in North Carolina & New York today!
Our Results
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Client Won Custody Dying Without A Will
As many of you may know legendary singer/songwriter Aretha Franklin died in 2018 without leaving a will. Other wealthy celebrities such as Prince have done the same. This can lead to many types of unwanted consequences. As an example, the T&E department at PCS is currently ... -
Son Must Repay Mother’s Estate Estate Case
A local man and his then-wife used undue influence on his elderly mother to clean out the woman’s bank accounts before she passed away, a Schenectady County Surrogate’s Court ruled this week. The verdict, in a case brought by the woman’s two other sons, means the man and his ... -
Brothers Inheritance Restored Estate Dispute
After much litigation including more than a dozen depositions, obtaining numerous medical records and various other relevant documents, expert medical testimony, and the beginnings of trial preparation, an estate dispute was settled on behalf of our client for $700,000. Our ... -
Daughter Settles Dispute Favorably Estate Matter
On the day of trial our client successfully resolved an estate matter whereby she received 60% of available funds of the estate. Interestingly, the case involved an admission by both brother and sister that their father had upwards of $200,000 in cash at the time of death (a ... -
Surviving Spouse Inheritance Returned Large Assets Diverted to Wrong Beneficiary
We are proud to have earned a seven-figure ruling in favor of a surviving spouse. In this particular case, two large assets were diverted through a complex trust and funding formula to the wrong beneficiary. Parisi, Coan & Saccocio, PLLC, successfully argued that the ...
Client Stories
Our Success in Their Own Words
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"I was very happy with all of Mr. Parisi’s work."I would absolutely hire him again- K.R.
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"Gerard was very helpful to me."He was very attentive to details and responsive to all my questions- L.I.
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"I highly recommend him!"I was very happy with the legal services and advice that were provided by him and his office- B.
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"I couldn’t have asked for anyone better to assist me."You were always available whether it be a weekday or weekend, which helped a great deal due to my busy schedule- N.D.
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"He was always very informative and helpful."Gerard handled my father’s estate- P.F.
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"Thank you, Gerard, for representing me."Gerard fought to keep the original trust in place and I remained as her trustee- K.B.
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"Gerard helped make a very hard situation a little easier for me."I would strongly recommend using Gerard knowing that others can have the same experience I did- A.M.
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"I would highly recommend them."Parisi Coan & Saccocio have handled many estate planning needs for myself and my clients over the course of the last 5 years- Arthur F.
What Sets Us Apart?
Over 65 Years of Experience
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Personalized Guidance From Start to FinishWe are very selective about the cases we take on to provide you with the highest quality representation.
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Attorneys and Certified Public AccountantsUnique knowledge for accountings, tax laws, asset valuations and complex estates.
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Exceptional Estate and Trust Law ExperienceOver 65-years collective experience in estate and trust planning, administration, litigation, and guardianship.
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