Fiduciary Litigation

Cozen O’Connor’s team of Fiduciary Litigation attorneys offers both domestic and international acumen in representing and protecting the interests of individuals and families and corporate entities, including banks and trust companies. With over 800 attorneys in 32 offices across two continents, Cozen O’Connor provides the highest quality counsel and representation in sophisticated matters pertaining to all aspects of fiduciary responsibilities and conflicts.

WHAT WE DO

Our fiduciary litigation group represents clients in negotiations, settlements, and trials on all matters pertaining to the proper administration of estates, trusts, powers of attorneys, guardianships, health care decisions, and assets. We provide advice for both big-picture and day-to-day administration, including:

  • Will, estate, trust, guardianship, power of attorney, health care decision, and incapacity contests
  • Validity and interpretation of wills and trusts
  • Undue influence claims
  • Breaches of fiduciary duty and trustee removal and surcharge actions
  • Fiduciary duty issues for corporations, partnerships, trusts, professionals, and other entities and individuals
  • Charitable trust administration and disputes
  • Pre-dispute resolution on all matters
  • Petition for instructions, reformations, and modifications of existing trusts

WHY OUR FIRM

International Reach and Resources, Deep Local Roots

Individuals, families, and businesses have complex planning and representation needs. Our Fiduciary Litigation Group offers sophisticated, comprehensive services for our clients, including providing counsel on compliance and responsible administration of fiduciary duties. When litigation is necessary, our tenacity, creativity, and attention to detail are second to none.

Thanks to Cozen O’Connor’s rare combination of experience across practice areas related to fiduciary litigation and our deep bench of seasoned attorneys throughout North America, individual and corporate clients alike can be assured that all aspects of protecting their assets and concerns are addressed directly by veteran attorneys with decades of relevant legal experience. No matter how complex the matter at hand, our firm provides the deft representation our clients need and deserve.

Fiduciary responsibilities are part of an ongoing relationship that continues long after the ink is dry on paperwork. Cozen O’Connor helps ensure our clients’ success by advising on best practices for compliance, working to swiftly resolve disputes, and pursuing legal and financial remedies as needed.

Experience

Publications

Litigating Fiduciary Duty Claims [American Bar Association]

March 09, 2022

Jason Domark, Aaron Krauss and Ashley Gomez-Rodon authored chapters of the American Bar Association’s (ABA) latest book.

Split McAleer Ruling Leaves Attorney-Client Privilege Fiduciary Exception In Limbo

August 25, 2021

Richard Holzworth authored an article in JD Supra discussing the attorney-client privilege fiduciary exception in the commonwealth of Pennsylvania.

McAleer Highlights Division Regarding the Fiduciary Exception to the Attorney-Client Privilege

August 20, 2021

Richard Holzworth authored an article published in Philadelphia Estate Planning Council's 2021 Summer Newsletter discussing the fiduciary exception to the attorney-client privilege and the impacts of the Pennsylvania Supreme Court ruling in In re: Estate of William K. McAlee.

Playing Nice in the Sandbox: Tips for Counsel and Co-Trustees in Trust Litigation

April 06, 2021

Jason Domark co-authored an article for the Daily Business Review discussing how co-trustees and their counsel must coordinate their efforts to ensure an effective and efficient representation.

New Law Gives Pennsylvania Executors Power Over Decedents' Social Media And Other Digital Content

January 22, 2021

Richard Holzworth authored an article in JD Supra discussing Pennsylvania's enactment of the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA).

Pennsylvania Permanently Allows Remote Notarization Of Documents

January 20, 2021

Richard Holzworth authored an article in JD Supra discussing Pennsylvania's decision to make remote notarization a permanent option.

Key Takeaways From the Buzz Aldrin Family Dispute [Daily Business Review]

April 15, 2019

Jason Domark, Charles C. Kline and Reid Kline discuss famous astronaut Buzz Aldrin settling a lawsuit with two of his children and his former business manager. The complaint, filed in Florida state court, alleged that the defendants assumed access to Aldrin's personal credit cards, bank accounts, trust money, space memorabilia and other property.

Events & Seminars

Past Events

Advanced Litigation

January 14, 2022 - Orlando, FI

Elder Law and Litigation

October 26, 2021 - Webinar

Power of Attorney Disputes

April 30, 2019 - Mechanicsburg PA

In The News

Cozen O’ Connor Attorneys Author New Fiduciary Litigation Book for ABA

March 04, 2022

Cozen O’Connor announced that commercial litigation attorneys Jason Domark and Ashley Gomez-Rodon from its Miami office and Aaron Krauss from its Philadelphia office authored chapters of the American Bar Association’s (ABA) latest book, titled Litigating Fiduciary Duty Claims. Additionally, Domark served as editor of the publication.

Contacts

Ellen S. Morris

Member

emorris@cozen.com

(561) 750-3850

Jason Domark

Member

jdomark@cozen.com

(305) 358-2996

Richard L. Holzworth

Member

rholzworth@cozen.com

(215) 665-6940

People

Related Practice Areas

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