Carmody represents individuals, families, beneficiaries, executors, trustees, conservators, nonprofit entities, banks, and trust companies in the complicated disputes that generally originate in both the probate and superior 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 clients with the right lawyer or team of lawyers for the representation. Members of our Trusts, Estates, and Fiduciary practice focus on 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, we collaborate with our litigators to ensure the best representation. We have been involved in cases ranging from multimillion dollar estate and trust litigation to conservator and estate disputes that involve few monetary assets but are nevertheless of great personal significance to the litigants.
We are experienced in handling diverse and complex probate litigation matters involving:
- Actions taken by agents under power of attorney
- Breach of fiduciary duty
- Challenges to fees and commissions
- Challenges to investment decisions and results
- Conservator issues
- Cy pres and reformation petitions
- Individual, fiduciary, and estate tax audits
- Issues involving charitable trusts and foundations
- Removal and/or surcharge of fiduciaries
- Trust litigation
- Undue influence claims
- Valuation disputes
- Will contests