Trust Litigation

Trust litigation is usually filed in the Superior Court’s Probate Department. However, there are situations where trust litigation can and should be filed in the Civil Department. Knowing where to file can alter the entire outcome of the case.

Terry’s practice extends to representing those who wish to start a legal proceeding (the “Petitioner” in probate proceedings, the “Plaintiff” in civil matters) as well as those against whom a proceeding has been started (the “Respondent” or “Defendant.”) Terry represents parties in a wide variety of Trust Litigation, such as:
   
Actions to declare a Trust or Will partially or entirely invalid.

Actions to resolve disputes over the meaning of a Trust or Will.

Actions to appoint a Trustee.

Actions to remove a Trustee or Personal Representative for wrongful conduct.

Actions for monetary damages against a Trustee for breach of the Trust.

Actions to force a Trustee to provide an accounting of the Trust's assets, profits and losses.

Actions to recover property, real or personal, wrongfully taken or withheld from the Trust or estate.

Actions brought by creditors against an estate, or an action by an estate to recover on a claim against a third party.