Trust Litigation

Sanders & Montalto, LLP is dedicated to protecting the rights of our clients. Our firm not only drafts Trusts and Wills, but we have considerable experience litigating these cases in court. Beneficiary disputes may occur, and in the event irreconcilable differences persist, trust litigation may become the only viable solution.


Legal Challenges to a Trust and Will


  • Mental Capacity
  • Undue Influence
  • Care-Custodian issues
  • Fraud, Duress, Mistake


Most attorneys practicing in the area of Estate Planning and Administration have little to no experience litigating these cases in court. Typically, these cases are referred out to civil trial attorneys, many of whom have little experience in Probate court, and are unfamiliar with the unique rules and procedures that differ significantly from other civil litigation.

Our firm has the necessary experience litigating these cases, and we have obtained millions of dollars in judgments, settlements, and verdicts on behalf of our clients. We also achieve success through a variety of methods out of the courtroom, including mediation and arbitration. In beneficiary disputes, we are able to achieve resolution by carefully skilled negotiation with opposing counsel.

In addition to representing clients in Wills/Trust contents, we also represent clients in Contested Powers of Attorney, Spousal Right of Election, Trustee Breach of Fiduciary Duties, Accountings, Minor’s Estates, Adversarial Conservatorships, and the protection of the rights of beneficiaries and heirs.

We consider taking many cases in this area of the law on a contingency fee arrangement, and our firm routinely advances all court costs.