We regularly represent clients contesting and litigating disputes regarding the validity of wills, trust and power of attorney documents, whether based on allegations of improper execution, lack of capacity, undue influence and/or fraud.

We work closely with beneficiaries, heirs, family members, fiduciaries and other stakeholders who have a legal claim to the estate. We assist in navigating a complex legal landscape that can be overwhelming in a time of grief and distress.

When family members, friends or other concerned individuals have concerns about a loved one’s ability to make decisions and manage their financial, medical or personal care affairs, a guardianship proceeding may be appropriate. In sensitive times such as these, an experienced attorney can help you navigate the guardianship process, whether or not contested.

Our attorneys have substantial experience litigating guardianship petitions. We guide you through the notification process, evaluation process, training and appointment process. As you look out for your ward’s best interests, we look out for yours.

We help beneficiaries protect their interests in trusts and estates. Beneficiaries have rights to information, disclosure and a complete accounting, among other interests. Beneficiaries also have standing to challenge decisions made by fiduciaries, including trustees, executors and administrators.

Our skilled attorneys help review trust and estate documents, financial statements, receipts, disbursements, distributions and other key documents, and may recommend compulsory accounting and disclosure actions. We recommend strategies, including litigation, to ensure trustees, executors and administrators are acting in the best interests of the beneficiaries.

Estate disputes can be complex and emotionally charged. When the relationship turns litigious, you’ll need a team of skilled, seasoned attorneys looking out for your best interests.

Harris Beach Murtha’s Trusts and Estates team regularly contests wills and validity, litigates trustee and executor disputes, handles claims of undue influence or lack of capacity, challenges breaches of fiduciary duty and oversees asset recovery and protection. We have a substantial amount of experience litigating these challenging disputes in courts from inception to decision.

Trustees and executors have a legal obligation to act in the best interest of the beneficiaries. When beneficiaries believe a trustee or executor has not acted in accordance with the terms of the trust or will, or has breached their fiduciary duties, they can petition for removal and other corrective action.

Harris Beach Murtha’s attorneys frequently step in to protect the interests of beneficiaries and hold fiduciaries accountable. We have a wealth of experience in this arena.

Harris Beach Murtha offers comprehensive will and trust services, including drafting legally sound and clear wills; advising on asset distribution; advising on tax implications; revising wills to ensure they stay current with changing laws and personal circumstances; establishing revocable, irrevocable, special-needs and charitable trusts; and managing and administering wills and trusts.

Should a will or trust need reforming through a court order to correct a mistake or to accurately reflect the true intentions of the person who created the document, our attorneys have deep experience arguing to the court that the will or trust to match the creator's intended purpose.