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Probate and Trust Litigation

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As a national litigation boutique practicing in complex and high-stakes business cases, Diamond McCarthy assists and represents trustees, executors, guardians, fiduciaries, and beneficiaries in resolving a myriad of estate, trust, and fiduciary disputes. 

Diamond McCarthy’s attorneys combine subject matter experience with the highest ethical standards when dealing with these often sensitive and personal matters. With offices in Texas, California, and New York, our attorneys have extensive knowledge and experience regarding a multitude of local courts, rules, practice codes, and procedures. We can help you navigate delicate situations that arise in disputed matters pertaining to all types of fiduciary relationships, including the following:

  • Executors and Administrators
  • Corporate and Individual Trustees
  • Guardians and Conservators
  • Individual and Corporate Fiduciaries
  • Beneficiaries
  • Shareholders
  • Partners
  • Members of Limited Liability Companies
  • Family Partnerships and Limited Liability Companies
  • Closely Held Businesses and Subchapter S Companies
  • Public and Private Charities or Charitable Foundations
  • Trusts
  • Officers and Directors
  • Legal counsel and financial advisors

We represent clients in a broad range of disputed matters, including will contests, suits for trust and estate accounting proceedings, breach of fiduciary duty suits involving estates and trusts, suits to remove executors and trustees, closely held business disputes, and conflicts arising from all types of fiduciary relationships.

In addition, Diamond McCarthy handles claims regarding undue influence, lack of testamentary capacity, tortious interference with inheritance, and conflicts of interest against executors and agents acting under powers of attorney. 

Our Firm approaches each case individually and on a personal basis. We carefully assess the unique aspects of your case, and devise a plan to resolve it in a cost-effective manner. We understand that the stress of litigation can take a toll on business relationships, family connections and productivity. As a result, we often seek to resolve disputes through value-added settlements, mediations or arbitrations in addition to traditional litigation. And because justice cannot always be measured by the hour, we offer our clients representation on a contingent or hybrid-fee basis in appropriate cases.