Probate and Fiduciary Litigation

For decades, Carmody & Torrance has represented individuals, families, beneficiaries, executors, trustees, conservators, nonprofit entities, banks and trust companies in the complicated disputes that generally originate in the Probate courts. These matters require advocates who have knowledge of the substantive areas of wills, trusts, fiduciary responsibilities and taxes, and who are equally capable of representing our clients in the courtroom. We provide our clients with the right attorney or team of attorneys for the representation. Members of the firm’s Estate Planning and Fiduciary Services group specialize in contested probate and fiduciary matters and handle many types of cases in the Probate courts and on appeal to the Superior Court. If a matter requires significant or complex pretrial discovery and trial work, the firm has several litigation attorneys with experience in probate and fiduciary cases who handle the trial with the assistance of the attorneys and paralegals in the estate planning and fiduciary services group. We have been involved in cases that have ranged from multi-billion dollar estate and trust litigation, to conservator and estate disputes that involve little or no money, but are nevertheless of great personal significance to the litigants. We take pride in quality representation in all of our cases.

We represent our clients in the Probate, Superior and Appellate courts of Connecticut, and in the Federal courts including the United States Tax Court. We serve as co-counsel to attorneys of other states when our clients’ interests extend beyond Connecticut and have appeared pro hac vice in other states.

We are experienced in handling diverse and complex litigation matters involving:

    • Breach of fiduciary duty
    • Will contests
    • Trust litigation
    • Undue influence claims
    • Challenges to fees and commissions
    • Challenges to investment decisions and results
    • Cy pres and reformation petitions
    • Conservator issues
    • Actions taken by Agents under Power of Attorney
    • Removal and/or Surcharge of fiduciaries
    • Issues involving charitable trusts and foundations
    • Valuation disputes
    • Individual, Fiduciary and Estate tax audits and
    • Appeals to the United States Tax Court