Estate and Trust Litigation
Estate and Trust Litigation
Disputes over a family member’s estate or trust are among the most emotionally difficult cases a family can face. Allegations of undue influence, breach of fiduciary duty, or improper accounting can pit siblings and other relatives against each other at exactly the moment they most need to grieve. With more than 20 years litigating these matters throughout the St. Louis area, O’Gorman and Sandroni bring both trial experience and a practical understanding of what these disputes actually cost families financially and emotionally.
Types of Estate and Trust Disputes We Handle
Our litigation practice covers will contests based on lack of capacity, undue influence, or improper execution; trust disputes involving trustee misconduct or ambiguous trust terms; breach of fiduciary duty claims against personal representatives, trustees, and agents under power of attorney; and disputes over asset valuation and distribution among beneficiaries.
Representing Both Sides of a Dispute
We represent fiduciaries who need to defend their conduct against unfounded allegations, as well as beneficiaries and family members who believe a fiduciary has failed in their duties or that an estate plan does not reflect a loved one’s true wishes. Missouri’s probate and circuit courts apply specific evidentiary standards to these claims, and outcomes often turn on medical records, financial documentation, and witness testimony gathered early in the case.
Resolving Disputes Efficiently
Litigation is not always the right answer. Where appropriate, we pursue mediation and negotiated settlements that preserve family relationships and reduce legal costs, while remaining fully prepared to try a case when a fair resolution isn’t possible outside the courtroom.
Frequently Asked Questions
Undue influence occurs when someone uses their position of trust or power to substitute their own wishes for those of the person making the will, so that the resulting document reflects the influencer’s intent rather than the testator’s own free will.
Yes. A trustee who breaches their fiduciary duty, whether through self-dealing, negligent investment decisions, or failure to account to beneficiaries, can be held personally liable for resulting losses.
Missouri generally requires a will contest to be filed within one year of the will being admitted to probate, though shorter deadlines can apply in some circumstances, so prompt legal advice is important.
Since 1985 Sean O’Gorman and Andrew Sandroni have been representing clients in all areas of the law. O’Gorman & Sandroni, P.C. was founded in 1989 on the principles of honesty, integrity, and the aggressive pursuit of our client’s goals.