Trust and Estate Litigation

Koley Jessen’s Trust and Estate Litigation practice area is committed to providing exceptional representation to clients involved in disputes over trusts, estates, guardianships or conservatorships. With a deep understanding of the legal intricacies involved in this precarious type of litigation, our experienced attorneys are here to guide you through every step of the process.

Will and Trust Disputes

At Koley Jessen, we specialize in handling disputes involving wills and trusts. Whether it’s contesting or defending the validity of a will or trust based on undue influence, lack of capacity or fraud, our attorneys have the requisite experience and expertise to navigate these matters with skill and precision.

Guardian and Conservatorship Disputes

We have extensive experience representing clients in disputes related to guardianships and conservatorships. Our attorneys are adept at handling contested proceedings, including the appointment or removal of fiduciaries, to obtain accountings and to prosecute surcharge actions.

Petitions for Spousal Elective Share and for Property Allowances

Protecting the statutory rights of a surviving spouse upon a mate’s death can be critical. This process involves timely submission to the court of a request to distribute assets to a surviving spouse, and often requires valuations of assets and detailed calculations. Our experienced attorneys can assist in navigating the complex calculations that are often involved, ensuring that all necessary documentation is prepared and submitted accurately to protect your interests.

Distribution of Personal Effects

The disposition of personal effects can be a delicate and emotional process. Whether it’s cherished family heirlooms, jewelry, valuable collectibles, or other personal items, we help facilitate distribution of personal effects according to the decedent’s wishes and resolution of any disputes that may arise. Our goal is to minimize conflict and provide clarity, ensuring a smooth transition during a challenging time.

Prenuptial Agreements in Estate Administration

These agreements prescribe the disposition of property and financial obligations in the event of a spouse’s death or divorce, providing clarity and reducing the risk of disputes. When done correctly, prenuptial agreements help ensure that the decedent’s wishes are respected and the estate is administered smoothly. At times, however, disputes can arise regarding the interpretation or enforceability of prenuptial agreements, and our team can help successfully navigate those issues.

We understand that every situation is unique. That is why we take a personalized approach to service, working closely with our clients to understand their needs and goals to achieve the best results. Our attorneys develop tailored strategies designed to achieve the best possible outcomes for our clients, and we are committed to delivering results with integrity and professionalism.

If you’re facing a trust or estate dispute, don’t navigate the legal complexities alone. We’re here to help you protect your rights and interests every step of the way.

Noteworthy

• Our attorneys have obtained many favorable jury verdicts involving the validity of wills and trusts, including multi-million dollar awards based on claims of undue influence and lack of capacity.
• We successfully represented clients in litigation over the maladministration of estates and trusts, resulting in the removal of fiduciaries and partial reimbursement of attorney fees and costs.
• Our firm’s work related to estate, trust and conservatorship proceedings has been upheld by the Nebraska Supreme Court.
• We have successfully defended trustees and personal representatives against claims of breaches of fiduciary duties.
• Our attorneys have represented various guardians, conservators and protected persons in contested matters, ensuring the best interests of the protected person are upheld.
• We have successfully represented clients in contesting the validity of beneficiary designation forms on the basis of fraud, undue influence and lack of capacity.

News

Our Team