Probate and Trust Litigation
Our objective is effectiveness. Our strategy is equity.
We understand that estate and trust litigation is a complicated and often emotional practice area, but where other attorneys see confrontation, we see opportunities for equitable and compassionate solutions for our clients’ individual circumstances. When a loved one passes away, there are a myriad of emotions and feelings experienced during the process of honoring the decedent’s wishes. Sometimes there is unavoidable friction or conflict among or between fiduciaries, beneficiaries, and other persons, such as creditors. At other times, even though all necessary parties are in agreement, the court must grant its approval of a certain action, such as a change in trustee. Our estate and trust litigation practice group is experienced in advancing our clients’ position in each of these situations.
We effectively represent clients in trust and estate litigation matters, both adversary and non-adversary. Some of these matters include Will and/or Trust Contests and formal inquiries or complaints from beneficiaries regarding the estate or trust administration. We understand the value of communication and teamwork. We want clients who are satisfied with not only the results, but also the manner in which we handle their legal affairs. In addition to traditional estate and trust litigation, Smith and Condeni frequently assists clients with various other contested probate court matters such as breach of fiduciary duty claims, declaratory judgment actions, trustee removal actions, guardianship issues and counseling of fiduciaries involved in related matters such as wrongful death actions.
At Smith and Condeni we also assist clients with probate court representations that are non-adversary in nature, such as trust reformations and/or terminations and other matters where the parties agree but a lawsuit is necessary. We apply the same principles when handling these matters as we do with the administration of decedents’ estates and trusts. At Smith and Condeni, we focus on our clients’ needs and the decedent’s wishes in order to effectively litigate matters involving an estate or trust. In addition to these components, we also focus on:
- Using proven strategies to represent the fiduciary of an estate or trust, to protect and preserve the decedent’s assets;
- Implementing comprehensive approaches that aspire to family harmony as the decedent intended; and
- Utilizing the applicable law to minimize conflicts and obtain equitable results on the client’s claims.
In order to achieve the high standards that we set for ourselves, we take a multi-faceted approach to our estate and trust litigation practice. The head of our department is a specialist in estate planning, probate and trust law, one of an elite group of attorneys certified by the Ohio State Bar Association. All of our attorneys concentrate their areas of practice within related estate and trust planning fields or in general litigation.
Please contact Smith and Condeni for more information. We look forward to hearing from you.