Dispute Resolution & Litigation

Planning ahead and communicating effectively often can reduce or eliminate disputes. However, in unfortunate cases involving disagreements that develop following the death of a loved one, assertive legal representation may be necessary to protect your rights and see that your loved one’s wishes are carried out. Cummins & White has a track record of using proven strategies to help trustees, personal representatives, and beneficiaries of trusts and estates resolve disputes, while being sensitive to the emotional and personal aspects of these matters.

We can assist by listening to the parties involved, providing options to address the issues, and guiding the process toward resolution. We advise clients on disputes relating to:

  • Claims regarding fiduciary duties or obligations
  • Modifications of will or trust provisions
  • Removal or change of trustee or personal representative
  • Testamentary capacity issues
  • Undue influence claims
  • Validity and enforceability of will or trust provisions
  • Valuation of business and other assets
  • Will and trust interpretation

Our litigation practice encompasses a wide range of trust and probate controversies, such as will and trust contests, community property disputes, interpretation disputes concerning complex estate planning documents, contested accountings, and breach of fiduciary duty claims. While we have extensive trial and litigation experience, our primary goal is to resolve the dispute to our client’s satisfaction as economically as possible. We often take advantage of alternative dispute resolution procedures such as mediation in order to save our clients funds.