Fiduciaries, such as personal representatives of estates and trustees of trusts, are required to administer the estate or trust in the best interests of the beneficiaries. When a beneficiary believes that a fiduciary breached those duties, the beneficiary may initiate litigation seeking to undo the damage the fiduciary allegedly caused. Similarly, disputes sometimes arise between those with an interest in the estate or trust over the validity of the dispositive documents governing the manner of distribution. In Pennsylvania, these disputes, as well as other matters involving guardianships, powers of attorney, and adoptions, are heard by the Orphans’ Court Divisions of each county’s Court of Common Pleas.

Cases in Orphans’ Court are governed by laws and procedural rules that differ greatly from those that govern most civil cases. Because this practice area requires such a specialized skill set, there is no substitute for an attorney with experience handling Orphans’ Court litigation.

Our firm is home to one of the largest and most well-rounded estate and trust litigation groups in all of Pennsylvania. We bring centuries of combined experience and proven expertise in complex fiduciary litigation involving ultra-high-net-worth benefactors, the breadth and depth of which remains unrivaled elsewhere in Pennsylvania. Pietragallo’s Estate & Trust Litigation Group has a proven track record of success, with a litany of historical achievements behind the careers of many of its practitioners, several of whom are relied upon by the courts as subject matter experts and have served by appointment on committees assembled by the judiciary. However, we remain mindful of the deeply personal and often sensitive nature of the disputes that we handle. With an emphasis on efficiency, creative solutions, and tenacious advocacy in and out of the courtroom, we counsel fiduciaries, beneficiaries, and other interested parties throughout the course of litigation including the pursuit and defense of:

• Will and trust contests;
• Removal of fiduciaries;
• Breach of trust actions and litigation over the violation of the fiduciary duties of care (e.g. waste, failure to invest or diversify, negligence) and loyalty (fraud, self-dealing, excessive commissions or fees, and improper or unequal treatment of beneficiaries);
• Surcharge claims;
• Disputes in connection with extra-testamentary assets such as life insurance benefits or the inheritance of retirement assets;
• The preparation and filing of fiduciary accountings or objections thereto; and
• Appeals of all such matters to the Superior and Supreme Courts.