Warshaw Burstein LLP | Trusts and Estates Litigation
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Practice Areas

Trusts and Estates Litigation

Our trusts and estates litigators represent our clients in the New York Surrogate’s Court, the United States Tax Court and other state and federal tribunals. In addition, we represent our clients before the Internal Revenue Service and other tax authorities.

Our areas of expertise include:
  • Will contests, guardianship proceedings, accounting proceedings, tax protests and other estate, trust and gift litigation
  • Discovery and reverse discovery proceedings
  • Proceedings to construe wills and trusts, as well as living wills, health care proxies and powers of attorney
  • Proceedings to set aside or impose trusts
  • Proceedings to appoint, remove, replace and/or surcharge executors and trustees
  • Proceedings to compel payments of debts and legacies
  • Proceedings to partition, mortgage or sell real estate held by estates
  • Proceedings to determine business succession, charitable gifts and bequests

We recognize the benefit to our clients of resolving personal and often highly-charged matters discreetly and amicably, and so we use our best efforts to achieve negotiated settlements that benefit our clients by avoiding litigation. However, we are fully prepared to litigate and take to trial any matter that cannot be resolved amicably.

Our trusts and estates professionals are valued by our clients not only for their superior legal skills and for their aggressive defense of the rights of their clients, but also for their sensitivity in addressing personal issues that often arise in family situations and for helping clients recognize and avoid potential family conflicts.