Trust & Estate Litigation

Unfortunately, sometimes when administering an estate or trust or making decisions on behalf of an aging family member, disputes arise.  When these disputes cannot be settled by other means, parties can find themselves in the nerve-wracking situation of have to file or defend a lawsuit.  The attorneys at Tomac & Tomac have experience in many various trust and estate litigation proceedings, including:

  • Probate and Estate Litigation

  • Will Contests / Trust Contests

    • Undue Influence

    • Mental Incapacity

    • Fraud

  • Breach of Fiduciary Duty Claims

  • Fiduciary Removal

  • Trust Termination

  • Commissioner of Accounts Hearings

    • Debts & Demands Hearings

    • Disputed Claims

    • Objections to Administration of Estates

    • Filing Exception to Commissioner Reports

  • Suits to Surcharge and Falsify

  • Voluntary Conveyance Suits

  • Disputed Guardianship and Conservatorship Matters

  • Elder Abuse, Neglect and Exploitation Claims

  • Power of Attorney Disputes

  • Shareholder Claims

  • Business Disputes


In choosing an attorney to assist you with these types of disputes, it is essential that you choose an attorney who not only has experience with filing and defending lawsuits, generally – but one who also has the requisite experience and an integreal understanding of the complexities that invariably arise in trust and estate litigation.

Samantha Schmeltzer