When meticulous estate planning is challenged – through will or trust contests, fiduciary claims or challenges to the efficacy of the plan itself – coordinating with a fiduciary litigation specialist is the first best move. A planning attorney is usually a necessary witness and thus, they cannot also take the lead in defending the plan. Referring estate claims to a fiduciary litigator keeps the planning attorney out of the crossfire of discovery and potential professional liability claims.
“Any successful result must meet both the financial and emotional challenges of our clients,” observes Craig M. Frankel, a founding partner of Gaslowitz Frankel. “Our role is to bring clarity to these complex financial issues and advocate for our clients’ best interests”.
Navigating Testamentary Capacity and Undue Influence Challenges
In addition to stepping in when litigation arises, fiduciary litigators can also help in the estate planning stage by reviewing a client’s family history, prior estate planning documents, and consulting with the planning attorney about provisions that may lead to a legal challenge and best practices to create a record and prepare in advance for potential future claims.
“When a trusted estate planner, or perhaps a financial advisor, realizes their client is facing a serious claim, they frequently turn to specialized fiduciary litigators,” states Robert C. Port, an attorney and partner at Gaslowitz Frankel. “The litigator’s job is to step in seamlessly, providing immediate, powerful defense to the client while respecting the necessary firewall from the referring professional.”
Alternative Dispute Resolution as a Strategic Tool
Fiduciary litigators also work with estate planning attorneys after a claim arises but before it is filed in court. Pre-litigation mediation with qualified fiduciary litigators on both sides can give beneficiaries an objective assessment of their potential claims and the pros and cons of settling before legal proceedings (and costly discovery) begin. Settling potential claims without court involvement can protect not only the relationships between family members but also the family’s (often multi-generational relationship) with the estate planner.
“Alternative dispute resolution gives attorneys and parties the space to be creative in how they structure a solution,” says Frankel. “You can structure solutions which allow each side to be better off than they would have been, had they gone to trial.”
The attorneys of Gaslowitz Frankel have years of expertise in handling the complex issues surrounding will, trust, estate, business, and securities disputes. For trusted estate law and fiduciary legal guidance, consult with the attorneys of Gaslowitz Frankel.
