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New York Trust Litigation Attorneys

The experienced attorneys at the Manhattan estate litigation law firm of GREENFIELD STEIN & SENIOR, LLP, have advocated on behalf of challengers and defenders in trust conflicts in surrogate's courts throughout the state of New York.

Founded in 1930 to provide quality legal representation in complex cases along with personalized service from knowledgeable lawyers, GREENFIELD STEIN & SENIOR, LLP, is well known as a leader in the area of complex estate litigation, including litigation involving trusts.

If you need legal help with an issue surrounding a trust, contact our New York trust litigation lawyers online or call (212) 818-9600 to schedule an appointment.

We Can Challenge or Defend Any Trust

Any type of trust may be contested: a living trust, an irrevocable trust, a special needs trust, a Medicare trust, a charity trust, and so forth. A trust may be challenged in its construction or in its administration. The dedicated attorneys at GREENFIELD STEIN & SENIOR, LLP, provide diligent representation in all litigation matters involving trusts.

Trust litigation that challenges the construction of a trust requires the challenger to prove one of the following grounds:

  • The person who created the trust was not mentally competent when the trust was drafted.
  • The person who created the trust was unduly influenced by someone who would benefit from the trust. For example, if a charitable organization threatened to expose potentially illegal activities of a board member unless that board member created a charitable trust naming the organization as beneficiary, there may be a case of undue influence.
  • The trust is invalid because it was improperly written. A trust may be improperly drafted if it fails to comply with all the strict requirements for the specific type of trust. For example, if a Medicare trust fails to comply with federal law regulating such trusts, it is vulnerable to a challenge for being improperly written.
  • The trust is invalid because it was improperly executed. In other words, the trust was not signed and witnessed according to the strict formalities required for it to be valid and binding.
  • The trust is a forgery. Trusts that are not written by a lawyer, although possibly valid, are at particular risk for charges of forgery.

If the challenge is successful, the trust will be invalidated.

We Represent Beneficiaries and Trustees

Trust conflicts also arise when a beneficiary disputes the trustee's actions with regard to management of the trust. Common examples of trust litigation challenging the trustee's actions are:

  • The trustee has breached his or her fiduciary duty through negligent administration or self-dealing.
  • The trustee has abused the discretion granted by the trust in failing to distribute the principal or refusing to make specific payouts.

Trust issues of this kind may take the form of either fiduciary litigation or fiduciary removal proceedings, as well as accounting proceedings.

In addition to handling trust conflicts in court, our New York estate and trust attorneys draft trusts as part of our estate planning practice and provide legal representation to trustees. This work enhances our abilities to litigate disputes over trust construction or administration.

Our skilled legal team can help you with any matters surrounding a trust. Contact our New York City trustee lawyers online or call (212) 818-9600 to schedule an appointment.

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Greenfield Stein & Senior, LLP
600 Third Avenue
New York, NY 10016-1901
Tel: (212) 818-9600 Fax: (212) 818-1264

One North Lexington Avenue
White Plains, NY 10601
Tel: (914) 948-3070