Representing Clients In Surrogate Court Related to Wills, Estates &
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Einbinder & Dunn's attorneys represent family members, beneficiaries, would-be beneficiaries, executors, trustees, personal representatives and others in litigation involving:
- Will and trust disputes: The combination of legal requirements and complex family dynamics provide a virtually unlimited number of grounds for contesting wills, trusts and the management of trust assets. Common underlying issues include second marriages, blended families, business ownership and after-born children. Common claims include allegations of fraud, duress, undue influence, lack of testamentary capacity and a failure to observe proper formalities.
- Claims against fiduciaries: Personal representatives, executors, trustees and other fiduciaries are routinely accused of theft, fraud, misappropriation of estate or trust assets, and other types of misconduct. In some cases, plaintiffs are right about these suspicions. In others, not. In any case, clients on either side of the aisle benefit from the firm's bipartisan experience with these issues.
- Contested guardianships: Generally speaking, guardianship litigation involves two basic types of situations. In the first, one person has petitioned to appoint a guardian over a loved one. The loved one, usually an elderly parent, objects to this, and the matter winds up in court. The second situation involves challenges regarding the appropriateness of a guardian or his/her actions.
One of the partners has been appointed guardian as well as court evaluator in contested guardianship proceedings.
Einbinder & Dunn also provides local counsel services to individuals and out-of-state law firms with matters pending in the Surrogate Courts of New York.
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For questions or additional information about Einbinder & Dunn's trusts, wills and estate services, please contact Einbinder & Dunn by clicking here to fill out a contact form or by calling 866-490-4909 or 212-391-9500 to speak with one of the firm's partners.
Julie Lusthaus was interviewed on WVOX 1460 AM by Marsha Gordon, President and CEO of The Business Council of Westchester about issues in franchising.
