New York & North Carolina Trust Litigation Attorneys

Aggressive Trust & Estate Litigation Representation in NY & NC

For estate and trust litigation, matters you want aggressive and experienced representation. Our trust & estate litigation attorneys provide experienced representation for executors and beneficiaries of large estates exceeding $250,000.

Comprehensive Trust Litigation Services in NY & NC

 Our estate litigation attorneys in New York and North Carolina can provide you with sophisticated service on a variety of estate and trust litigation matters including:

• Estate Claims 
• Representation of Beneficiaries
• Challenging/Contesting a Will
• Spousal Right of Election
• Breaches of Fiduciary Duties
• Removal of Fiduciaries
• Contested Accountings
• MHL Article 81 Adult Guardianship Proceedings
• Wrongful Death/Pain and Suffering Recovery
• Power of Attorney Abuse

Need a Trust Litigation Lawyer? Contact Us.

If you are facing disputes over estates or trusts, consulting a New York estate litigation attorney or a trust litigation lawyer near you is prudent. A qualified attorney knows how to navigate the complexities in the legal process, resolving conflicts efficiently. The estate and trust litigation attorneys at Parisi, Coan & Saccocio, PLLC specialize in these cases, offering legal expertise to handle contested wills, breach of fiduciary duty, beneficiary disputes, or contested trusts. Their guidance ensures compliance with laws in New York and North Carolina, protects beneficiaries' rights, and resolves conflicts through negotiation or litigation, ensuring fair distribution and upholding the wishes of the deceased.

Speak with skilled trust litigation attorneys serving clients in New York and North Carolina at Parisi, Coan & Saccocio, PLLC. Contact us or call (914) 228-7448 to make an appointment.

What Are The Benefits Of Trust Litigation?

When it comes to protecting your inheritance and ensuring that your loved one's wishes are carried out, trust litigation can be a crucial tool. Our experienced trust litigation attorneys in New York and North Carolina are dedicated to helping clients navigate complex legal matters and fight for their rights.

Benefits of trust litigation include:

• Ensuring the proper distribution of assets
• Holding trustees and fiduciaries accountable
• Resolving disputes over trust management
• Protecting beneficiaries from financial harm
• Seeking justice for breach of fiduciary duty

Whether you are facing a breach of fiduciary duty claim or need to consult a skilled estate litigation lawyer, our team is here to provide aggressive representation and comprehensive trust litigation services in New York and North Carolina.

The Importance of Timely Trust Litigation

When it comes to trust litigation, timing can be crucial. Delaying action can lead to complications that may jeopardize your case. Engaging in trust litigation sooner rather than later can help protect your rights and interests, ensuring that any fraudulent activity or breaches of fiduciary duty are addressed promptly.

Here are some reasons why acting quickly is beneficial:

• Preservation of Evidence: Early intervention helps secure vital documents and witness testimonies that may be essential for your case.
• Minimizing Financial Loss: Swift action can prevent further financial damage caused by mismanagement or fraud within the trust.
• Reducing Emotional Stress: Navigating the complexities of trust disputes can be emotionally taxing; addressing issues promptly can alleviate some of that burden.
• Strengthening Your Position: Taking immediate action can demonstrate to the court your commitment to resolving the matter, potentially leading to a more favorable outcome.

At Parisi, Coan & Saccocio, PLLC, our experienced attorneys understand the urgency of trust litigation. We are committed to providing you with the support and guidance you need to navigate these challenging situations effectively. Don't let time slip away; contact us today to discuss your case.

What Are The Legal Grounds For Contesting A Trust?

Contesting a trust involves challenging the validity of the document or its provisions. As experienced trust litigation attorneys serving New York and North Carolina, we often guide clients through this complex process.

There are several legal grounds for contesting a trust, which include:

• Lack of Capacity: The person who created the trust (the grantor) lacked the mental capacity to understand the implications when the trust was established. Mental incapacity can stem from various conditions such as dementia, serious illness, or other cognitive disorders, which prevent the grantor from fully understanding the ramifications of their decisions.
• Undue Influence: The grantor was improperly swayed or controlled by another party into setting up or modifying the trust in a manner that deviates from their true wishes. This typically involves undue manipulation from a close associate, family member, or caregiver, who exploits the grantor's vulnerabilities for personal gain.
• Fraud or Duress: The trust was established under fraudulent conditions or through coercion. For example, should the grantor be misled about the trust’s provisions or compelled to sign the document under threat or pressure, the legitimacy of the trust can be brought into question.
• Improper Execution: If the trust fails to comply with state regulations—such as missing required signatures or witnesses—it can be contested based on these procedural shortcomings.
• Mistake: When a significant error occurs in the creation of the trust that misrepresents the grantor's true intentions, this can serve as grounds for disputing the trust.

Common Misconceptions About Trust Litigation

Trust litigation can often be shrouded in myths and misunderstandings, leading to hesitation when it comes to pursuing rightful claims. At Parisi, Coan & Saccocio, PLLC, we believe that knowledge is power, and we aim to clarify some of these misconceptions to empower potential clients.

Here are a few common myths debunked:

• Myth 1: Trust litigation is only for the wealthy.
  • Fact: Trust litigation can affect anyone. Whether you are a beneficiary of a large estate or a small family trust, your rights are important and worth protecting.
• Myth 2: You cannot contest a trust once it has been established.
  • Fact: While it can be challenging, there are valid legal grounds for contesting a trust, including lack of capacity or undue influence, which our skilled attorneys can help you navigate.
• Myth 3: Trust litigation is always a lengthy and expensive process.
  • Fact: While some cases may take time, many can be resolved through negotiation or mediation, potentially saving you time and money.
• Myth 4: You can represent yourself without legal help.
  • Fact: Navigating the complexities of trust litigation without an attorney can lead to costly mistakes. Having a knowledgeable lawyer on your side can significantly improve your chances of a favorable outcome.

Understanding these misconceptions can help you make informed decisions about your trust litigation needs. If you have questions or concerns, don't hesitate to reach out to our experienced team at Parisi, Coan & Saccocio, PLLC for a consultation.

Understanding Breach of Fiduciary Duty Claims

A fiduciary duty breach is not acting in the best interest of another party. Executors, Trustees, and Powers of Attorney must act honorably and in accordance with the law.  A beneficiary or other interested party can bring an action against a fiduciary if there is a question about whether that fiduciary has acted appropriately. 

The laws governing the acts of fiduciaries are very complex.  Our trusts and estates departments in North Carolina and New York have represented many clients both in their capacity as a fiduciary and as a beneficiary where the acts of the fiduciary are in question.  Having quality counsel in these types of contentious litigated matters is essential to avoid the many traps for the unwary including the potential to be surcharged for the legal fees incurred by the opposing party.

Consult a Skilled Estate Litigation Lawyer in NY

During the administration process, an estate can be challenged at any time. If you or your family needs to take legal action against another party or defend your actions, you should seek the advice of an experienced estate litigation attorney.

Parisi, Coan, and Saccocio, PLLC has over 100 years combined experience in estate planning, administration of client’s wishes after passing, and representing litigants in cases of disputed estate matters.

Get Expert Trust Litigation Help in NY & NC – Contact Us Now online to learn more about our comprehensive estate & trust litigation services in North Carolina & New York!