Trusts and Estates Litigation

Trusts and Estates Litigation is a specialized area of litigation dealing with a variety of matters including:

• Contested Wills
• Probate Litigation
• Removal of Personal Representatives
• Contested Trusts
• Defense of Wills
• Breach of Fiduciary Duty
• Undue Influence
• Estate Fraud
• Lack of Testamentary Capacity
• Legal Guardianship Issues
• Issues with accounting and reporting
• Defending trustees against claims
• Problems with the execution of a trust
• Disputes among beneficiaries
• Incapacitated Persons

Most Trust and Estate Litigation is conducted in Pennsylvania in the Orphan’s Court. The Orphans’ Court is a Court of Equity, formed in 1683 in Pennsylvania to care for orphans and incapacitated persons, to provide for the guardianship of minors, and to administer the estates of deceased persons. It continues in that role today as a separate court with its own rules, procedures, and common law developed over centuries. Orphans’ Court is the forum to resolve disputes involving estates, trusts, guardianships for incapacitated persons, and issues related to the conduct of agents under powers of attorney.

Gross McGinley has a team of experienced Estate Litigators who focus on getting results in trust and estate disputes. We work hand in hand with our in-house Estate Planning team to achieve the optimum outcome for our clients through experience, knowledge, counsel and aggressive representation.