Probate and Fiduciary Litigation

Todd & Weld has extensive experience representing individual and institutional fiduciaries, heirs and family members in will contests, and cases involving the interpretation and enforcement of trusts and the obligations of fiduciaries. We have the expertise to evaluate, mediate, arbitrate, and try those cases that often divide families involving inheritance issues, guardianships and the administration of trusts and estates. We have also successfully represented clients in the myriad of claims that arise under the broad equity powers of the courts, including the rights and obligations of non-biological parents, the property rights of co-habitants, and other equitable claims to ownership of property or rights under estates or trusts.

Todd & Weld attorneys have the ability to evaluate when mediation or arbitration can be a successful method of resolving these often difficult and highly charged situations. We effectively work with both experts and alternative dispute resolution providers to obtain successful outcomes for our clients.

• Successfully mediated the resolution of children's claims to their entire share of a large estate left to a third wife, which also involved issues of competency.
• Secured the rights of heirs adopted as adults by the decedent to substantial property under her will and trust.
• Successfully resolved competing claims between surviving parents to the proceeds of a wrongful death action brought on behalf of their deceased child.
• Represented a guardian in successfully challenging an agreement as not in the ward's best interests and achieved the reinstatement of the guardian.
• Successfully represented an attorney in obtaining judgments against the estates of his deceased former partners for the liabilities of their defunct law firm.
• Represented clients in the favorable resolution of estate and inheritance tax issues.
• Successfully defended a professional trustee against a claim of breach of fiduciary duty in a dispute between siblings over ownership and management of a business.
• Litigated the interpretation and enforcement of trust agreements to obtain our client's rightful share of a large estate.