Contested Estate and Trust Litigation

Although estate and trust litigation is similar to other types of civil litigation, there are several key differences that make estate and trust litigation unique. Therefore, it is essential that you retain an attorney who understands the unique rules that govern contested estates in probate court as quickly as possible.

Disputes can arise between the executor of an estate or the trustee of a trust (referred to as a “fiduciary”), and the beneficiaries of such estate or trust. Beneficiaries of estates and trusts have a right to receive a detailed accounting from the fiduciary of all transactions handled by the fiduciary, and also have the right to file formal objections to actions taken by such fiduciary. An action can also be commenced by the fiduciary against a beneficiary or third party who is believed to be withholding property belonging to the estate or trust, or to have otherwise acted against the interest of the estate or trust. In any case commenced by either the beneficiary or the fiduciary, both sides will need to be represented by an experienced Estate and Trust Litigation Attorney.

O’Connell and Aronowitz represents heirs, beneficiaries, trustees and executors in various types of estate and probate-related litigation. If a dispute arises regarding a friend or loved one’s assets and you have questions regarding your options, please don’t hesitate to contact the firm for a free consultation regarding your situation.



54 State Street
Albany, NY 12207

tel: 518.462.5601
fax: 518.462.2670

Saratoga Springs

1 Court Street
Saratoga Springs, NY 12866

tel: 518.584.5205
fax: 518.584.5441