Diamond McCarthy is the go-to litigation firm for diverse clients in high-stakes probate, trust and fiduciary disputes. With our team’s strong knowledge of the unique legal issues that arise in these cases and deep experience navigating different rules and procedures across multiple jurisdictions, we can hit the ground running in every dispute and focus on achieving the most effective outcome for our clients.
Diamond McCarthy represents executors, administrators, beneficiaries and other parties in complex will contests involving considerable assets, business interests and real estate holdings. We have substantial experience resolving litigation covering the various grounds for contesting a will, including undue influence, fraud, lack of testamentary capacity, improper execution, revocation and failure to fulfill the technical requirements of a valid will.
Clients rely on our team to achieve the best possible outcome in disputes where alleged misconduct by trust and estate fiduciaries takes center stage, including claims of breach of fiduciary duties, fraud, self-dealing, conflicts of interest, improper pre-death asset transfers and mismanagement, misappropriation of and failure to diversify assets. We guide clients through all types of challenging breach of fiduciary duty claims, suits to remove executors and trustees, and clawback actions to recover stolen assets or improper distributions.
In addition, we represent clients in other matters concerning the administration of trusts and estates, from modification and accounting proceedings to declaratory actions focused on clearly defining the rights and obligations of both fiduciaries and beneficiaries. We also handle a variety of disputes involving guardianships, conservatorships and agents acting under powers of attorney.
Family-Owned and Closely-Held Business Disputes
Diamond McCarthy’s in-depth experience resolving business divorce matters and intra-company conflicts gives our clients a distinct advantage when a valuable business is the focus of a probate or trust dispute. Our team represents fiduciaries, business entities, shareholders, partners and LLC members in controversies involving the ownership, control and management issues that often arise in family-owned and closely-held companies.
Counseling on Risk Management and Dispute Resolution
Counseling fiduciaries on best practices for discharging their duties and minimizing risk is another important strength of our practice. We analyze complex estate plans and trusts, advise fiduciaries and beneficiaries on their rights, duties and legal exposure or remedies, and provide strategic guidance when litigation is necessary to protect an estate or trust.
Our team recognizes that a long, highly emotional courtroom battle not only takes a toll on family and business relationships, but can also drain significant estate or trust assets. Litigation is always the last resort for our clients, after we have explored opportunities to resolve the case quickly and cost-efficiently through informal settlement negotiations or mediation.