Our trust and estate litigation services and experience

make us uniquely qualified to represent fiduciaries and beneficiaries in all types of disputes. 

 

The Kelly Law Firm combines the advocacy skills of an experienced trial lawyer with the specialized tax and administration knowledge of our estate planning and probate attorney. This integration of litigation and planning administration resources gives the group unsurpassed ability to analyze and address every aspect of trust and estate litigation.We regularly represent both charitable and individual beneficiaries under trusts and wills, corporate and individual trustees of charitable and family trusts, executors of estates, fiduciaries' counsel, and persons with claims against trust or probate estates.

 

We have experience in:

• Will and trust contests

• Proceedings to interpret ambiguous provisions

• Defense and prosecution of breaches of fiduciary duty

• Elder financial abuse claims

• Estate planning and administration legal malpractice litigation  

• Actions to remove fiduciaries

• Disputes concerning no-contest clauses

• Suits to invalidate gifts to "prohibited transferees" under Probate Code §21350

• Cy pres actions  

• Claims arising out of third-party transactions with decedents and fiduciaries

 

We are acutely aware of the financial and emotional impact that trust and estate disputes have on institutions and families alike. We therefore maintain a close working relationship with each of our clients throughout the litigation process to ensure that we understand their priorities and involve them in important strategic decisions. Together, we actively weigh the risks and benefits of the available alternatives.

 

We also recognize the significant burdens imposed on fiduciaries today. We not only have the qualifications to litigate aggressively in that area, but also to resolve disputes without resort to the courts and to provide advice that prevents disputes. When representing a corporate fiduciary, we enjoy working closely with in-house counsel to achieve the institution's goal.

 

Controlling litigation costs is a necessity. We provide added value with our expertise in employing the means for sharing or shifting those costs whenever possible.

From the start, we identify whether a group of beneficiaries exists with sufficient common interests to warrant joint representation. We are also proactive in preserving and protecting fiduciaries' ability to have a trust or probate estate pay their legal expenses or, when representing beneficiaries, preventing the estate's depletion through the payment of attorney's fees.  

 

In resolving disputes, we not only seek to negotiate the most beneficial substantive terms, but also to structure settlements to maximize tax savings. Our effective use of these tools has often been critical in achieving favorable results for our clients.