Trust Litigation

Ulmer & Berne has experience in a broad range of trust litigation, from the straight forward to the complex.  We have represented institutional and individual trustees as well as trust beneficiaries in disputes in federal and state courts and arbitration proceedings. 

As a trustee, it is critical that you have counsel experienced in advising you on fiduciary and contractual duties.  As a beneficiary, you need counsel who can guide you in interpreting complex, and sometimes arcane, trust documents and their appropriate modern-day analysis.  We have a team of seasoned litigators who, with the assistance of our probate, ERISA, and estates practitioners, is well equipped to provide advice and representation in all these areas.

Attorneys
Kenneth F. Berg
Christopher P. Fisher
James A. Goldsmith
Joseph S. Simms
Patrick J. Tulley
Michael N. Ungar

 

Clients

 

 

Representative Experience

Successfully represented a class of over 3000-plus beneficiaries of a $28 million testamentary trust established by the founder of a local company for its employees; settled by agreement with the charitable alternative beneficiary.

Successfully arbitrated claim against national trust company trustee accused of giving bad investment advice to trust beneficiary.

Successfully litigated trust reformation action for beneficiary of $25 million testamentary trust, hotly contested by the residual beneficiary, through appeal.

Represented Delaware trust company in a fraudulent transfer claim, dismissed on jurisdictional motion.

Represented sister trustee accused by her brother trustee of mishandling trust  assets, favorably settled for a fraction of the claim.

Secured appointment of successor trustee for inter vivos trust, and successfully resisted court's order for an accounting.

Successfully defended Delaware trust company in Illinois state court; litigation from allegations of failure to prevent transfer of assets by individual trustee.

Successfully defended trust company in Ohio state court; litigation arising from allegations by beneficiaries of failure to diversify trust assets.

Successfully defended arbitration against Ohio corporate trustee on charges of breach of fiduciary duty arising from investment decisions.

Successfully defended indenture trustee in Ohio federal and state court proceedings on allegations of breach of fiduciary duty stemming from fee paid to induce redemption of corporate debentures.

Successfully represented private school trust beneficiary in modification of provisions of $25 million testamentary trust challenged by residuary beneficiary.

Successfully represented plaintiff class of trust beneficiaries in state court action seeking declaratory judgment on interpretation of trust opposed by alternative beneficiary.

Successfully represented an indenture trustee in a class action brought by disgruntled debenture holders after the indenture terms were changed by vote in conjunction with the merger of the issuer, dismissed on motion.

 

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