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Capabilities / Trust, Estate & Fiduciary Litigation

Trust, Estate & Fiduciary Litigation

For Husch Blackwell, it's a matter of trust.

Our Trust, Estate & Fiduciary Litigation team combines deep legal knowledge with decades of litigation experience to resolve high-stakes trust, estate and fiduciary duty matters through mediation, arbitration or trial.

Husch Blackwell's trust, estate and fiduciary litigation attorneys counsel clients on best practices for administering trusts and estates to minimize risk, avoid litigation and effectively settle disputes without court intervention. But when estate and fiduciary litigation is unavoidable, our attorneys are zealous advocates for the banks, trust companies, trustees, executors, personal representatives, beneficiaries, heirs, creditors and tax-exempt organizations that we represent.

Our guidance to clients in the sector of trusts, estates and fiduciary litigation includes:

  • Beneficiaries’ rights
  • Best practices
  • Breach of fiduciary duty claims
  • Construction and reformation of estate planning documents
  • Creditors’ rights
  • Identification and recovery of trust and estate assets
  • Income, estate, gift and generation-skipping tax issues
  • Marital property rights
  • Will and trust contests

Representative Experience

  • Represented Midwestern trust company in seeking approval of trustee fees in the face of numerous allegations of breach of fiduciary duty asserted by beneficiaries, first in an arbitration spanning more than two years. In his 88-page opinion, the arbitrator ruled in favor of the trustee on all issues. Defended the same trust company in a subsequent probate court trial, which resulted in a 127-page decision following 20 months of deliberation. The court found in favor of the trustee on all key issues in the case.
  • Defended corporate and individual trustees in a 60-day arbitration against numerous claims of breach of fiduciary duty, concluding in a decision in favor of clients on all claims.
  • Represented a leader in the grain and transportation industries by obtaining summary judgment on breach of fiduciary duty, fraud and monopolization claims, leading to a favorable settlement.
  • Defended individual trustee in an action involving multiple trusts and numerous claims of breach of fiduciary duty concluding in the plaintiffs dismissing their case.
  • Represented directors and officers of bank in negligence and breach of fiduciary duty action brought by FDIC.
  • Represented company and controlling member of LLC in wrongful discharge and breach of fiduciary duty lawsuit. Obtained favorable settlement for client.
  • Advised a Fortune 500 bank holding company regarding trust and estate litigation matters.
Media Mentions | September 13, 2022
BizTimes: Rising Stars in Law: Margaret Heitkamp
Media Mentions | January 23, 2022
BizTimes: Notable Women in Law: Jennifer Olk
News Releases | December 20, 2019
Samantha Lunn Selected for Tennessee Bar Association Leadership Law Program

The TBA Leadership Law program equips Tennessee lawyers with the vision, knowledge and skills necessary to serve as leaders in their profession and local communities.

News Releases | November 11, 2019
26 Husch Blackwell Attorneys Named to 2019 Wisconsin Super Lawyers/Rising Stars

The firm has 16 attorneys named to the Super Lawyers list and 10 attorneys named to the Rising Stars list.

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