Collaborative Representation by Counsel in Probate LitigationCollaborative Representation by Counsel in Probate Litigation

Estate litigation appears to be on the rise. With more than $12 trillion in assets in the process of being transferred from the Greatest Generation to the Baby Boomers, and an additional $30 trillion in assets anticipated to pass from the Baby Boomers to their heirs,¹ one can anticipate that the number of significant estates coming under challenge or attack might also increase. It’s common in trust and estate administration and probate litigation for an individual to be a fiduciary, a beneficiary (and perhaps even a claimant) all at the same time. When a party wears multiple hats, often with conflicting rights, duties and responsibilities, it’s important from the outset of an engagement to analyze both the actual and potential conflicts ...