Trust Beneficiary Representations
Representation of a beneficiary in a dispute with the trustee over the distribution of a parent’s multi-million dollar estate. Assets involved included a revocable trust as well as various partnerships and corporate entities.
Representation of beneficiaries of multiple trusts in longstanding, contested proceedings in South Dakota regarding discovery disputes and breach of fiduciary duty.
Representation of a beneficiary for contentious trust administration issues regarding ancestral trust.
Representation of trust beneficiaries in a multi-venue dispute against trustees regarding trustee removal and trust contest.
Representation of extended family trust beneficiaries in a trust construction case that concerned the boundaries of prime lakefront property in Minnesota. Our successful motion for summary judgment was affirmed by the Minnesota Court of Appeals.
Representation of a devisee in a valuation dispute regarding minerals and securities.
Representation of trust beneficiaries in a multi-venue dispute against trustees regarding trust construction and validity of exercise of a power of appointment.
Representation of a beneficiary in a dispute over distribution of trust assets, valuation of tenant in common property holdings, and termination of trust.
Representation of a beneficiary in a breach of fiduciary duty action regarding valuation of trust assets, lease issues concerning real property, distribution of assets, and termination of the trust.
Representation of beneficiary in breach of fiduciary duty action regarding trust accountings, distributions, valuation of real property, and termination of the trust.
Representation of children of decedent in a will and trust contest, achieving a multi-million settlement for our clients.
Representation of a beneficiary in action for breach of fiduciary duty against Co-Trustees.
Representation of estate and trust beneficiaries in an action to set aside inter vivos transfers, resolved through mediation.
Representation of a beneficiary of an estate in an investigation into questionable inter vivos gifts to the son of the decedent.
Trustee and Personal Representative Representations
Representation of Personal Representative on appeal concerning removal of the personal representative and contempt proceeding against beneficiary in discovery dispute.
Representation of Co-Personal Representative and Co-Trustee in a $14 million estate.
Representation of Co-Personal Representatives and Co-Trustees in defense of claim for greater share of distribution by beneficiary.
Representation of Co-Trustee of family trust and marital trust in breach of fiduciary duty action regarding distribution of assets and trustee removal claim.
Representation of one of several children (who is also co-trustee and co-personal representative) in negotiations to obtain a variety of bequeathed items from their decedent-parent’s large estate.
Representation of Trustee of two trusts in defense of threatened claims by beneficiary and proceedings to terminate the trusts.
Representation of a trustee of a family trust in a matter involving $160 million of secured debt against a franchisor of quick-service restaurant brands. Favorable settlement achieved by the strategic use of litigation to implement a sale of the business and restructuring of the capital structure of the company.
Representation of a trustee of a family trust in litigation over $45 million of debt owed by borrower that owned rights at a major private airport, resulting in additional collateral from related companies and guaranties, entry of stipulated judgment, and receipt by the trust of proceeds from the sale of airport assets.
Representation of Co-Trustees in multiple claims by beneficiaries of the trust for allegations of misappropriation of trust assets, real estate and personal property claims, and various accounting issues associated with the trust.
Representation of a trustee of a testamentary trust against claims of misappropriation of trust assets, negligence, and failure to account to beneficiaries.
Representation of a client in a shareholder dispute related to his role as the personal representative for the decedent shareholder’s estate.
Representation of a Co-Personal Representatives in defense of an action by surviving spouse, resulting in successful resolution of claim for homestead rights to a $4 million Naples residence.
Representation of Co-Personal Representatives achieved mediated settlement agreement resolving various claims asserted against the estate by surviving spouse; with continuing representation of Co-Personal Representatives in defense of creditors’ claims.
Representation of Co-Personal Representative, nominated Co-Successor Trustees, and potential beneficiary in connection with an estate and trust, defending against Petition for Disqualification of Nominated Personal Representative filed by surviving spouse.
Representation of Co-Trustees successfully resolving petition for removal brought against our client by other Co-Trustees.
Representation of Personal Representative successfully resolving action brought against our client for breach of fiduciary duty by son of decedent.
Representation of Personal Representative and residuary beneficiary successfully resolving will contest brought against our client by niece of decedent.
Complex Estate Claims
Representation of a residuary beneficiary in the defense of various claims and adversary actions filed by client’s sister regarding a $40 million estate.
Representation of fiduciaries in a shareholder dispute in closely held family business when Director/Officer died and daughter filed various claims for breach of fiduciary duty and misappropriation claims against Corporation and Officers.
Advice and counseling related to governance matters implicated by unusual corporate organization involving a trust.
Representation of a surviving spouse in the defense of adversary actions filed by step children in a multi-million dollar estate.
Representation of a surviving spouse against decedent’s child from first marriage in a dispute over life estate issues, homestead, removal of personal representative, and settling estate.
Representation of a surviving spouse in dispute with step children that successfully resolved dispute regarding continued distribution of income and distribution of valuable artwork.
Representation of a beneficiary in dispute with decedent’s children over distribution of the estate.
Charitable Organization and Nonprofit Representations
Representation of a 501(c)(3) senior care facility in an action to recover a $2 million capital campaign gift committed by the decedent.
Representation of a 501(c)(3) senior care facility in an effort to recover the balance on decedent’s pledge; successfully recovered the gift.
Representation of a religious nonprofit beneficiary of a $1 million-plus gift in an action brought to invalidate decedent’s trust. The plaintiffs alleged that the decedent lacked capacity to make the gift and also claimed our client had exerted undue influence. After extensive discovery, we established that the gift reflected the decedent’s specific intent, and the plaintiffs withdrew their action.
Representation of a religious congregation in an action to recover the balance of decedent’s outstanding commitments to various capital campaigns resulted in collection of the full balance due.
Representation of a charity as a beneficiary of a multi-million dollar estate in defense of will and trust contest by children of decedent.