Services:
- Will contests
- Contested accountings
- Surcharge proceedings
- Construction and reformation proceedings
- Power-of-attorney disputes
- Renunciation and disclaimer proceedings
- Tax proceedings/requests for private letter rulings
- Resignation/termination disputes
- Ancillary administrations
- Not-for-profit disputes
- Guardianship proceedings
- Intestacy proceedings
- Pension disputes
- Disability disputes
- Health-benefit disputes
- Administrative claims
- ERISA litigation
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With Americans living and working longer, fiduciary litigation involving trusts, estates, and/or employee-benefits plans covered by ERISA has become increasingly common and increasingly important to our clients. Lowenstein Sandler’s Fiduciary Counseling & Litigation Group comprises the most experienced fiduciary litigators and counselors in the region, providing continuous, personal, hands-on guidance to clients here and throughout the country. Executors, trustees, and other fiduciaries are exposed to massive personal liability, while employers face major legal obligations and burdens—including lawsuits—relating to their administration of benefit plans and the complex decisions they make every day. They need not navigate these perilous waters alone.
Our group's members include some of the most prominent and aggressive attorneys in this practice area including attorneys regularly cited in The Best Lawyers in America. Our experts deal with complex legal principles and specialized litigation procedures in this field. We also have exceptional proficiency in all aspects of federal and state tax law, which allows us (unlike many other firms) to identify and deal with hidden tax issues that often become critical in fiduciary disputes. Our services run the gamut from counseling to avoid disputes, pre-litigation counseling after disputes have arisen, handling administrative claims (in the ERISA context), all the way through full-blown federal and state litigation. We represent not only fiduciaries but also those to whom fiduciary duties are owed, including estate beneficiaries, trust beneficiaries, and benefit-plan participants and their beneficiaries.
Lowenstein Sandler’s Fiduciary Counseling & Litigation Group combines top-shelf litigators, trusts and estates attorneys, and ERISA specialists through a unique, interdisciplinary approach. As a result, we are distinctly equipped to solve the thorny problems that arise in this area of the law.
Practice Details
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