Our attorneys have a deep understanding of the substantive common law and statutory requirements governing fiduciary disputes, including the Uniform Trust Code, the Uniform Probate Code, the Uniform Principal and Income Acts, the Prudent Investor Act and the important fiduciary exceptions to attorney-client privilege laws.
With these evolving probate and trust laws as a foundation, our attorneys work alongside:
- Executors, trustees and other fiduciaries. They are frequent targets of unhappy beneficiaries and co-fiduciaries. In addition to defending them in court, our group advises fiduciaries every day on ways to avoid litigation and, when possible, on proven techniques for amicably resolving disputes before going to court.
- Banks and trust companies. Our attorneys analyze policies and practices before problems arise in order to improve the chance of avoiding litigation. We make timely and creative recommendations for improvements.
As part of our firmwide commitment to anticipate legal problems rather than react to them, our team includes both estate planning lawyers and trial lawyers who regularly confer on litigation prevention techniques for our trust and estate clients.
If litigation becomes unavoidable, our attorneys succeed for clients through well-planned and well-coordinated preparation and trial presentation. Our representation includes pre-litigation fact review; advice and strategic planning; pleadings preparation; document discovery; and depositions. We continue to explore mediation and other alternative dispute resolution methods until the trial or hearing. Ainsa Hutson Hester Crews LLP also has a strong success rate on appeal.