The Law Offices of Eric S.T. Young represents parties in trust and estate litigation matters in Honolulu and throughout Hawaii.
Trust and estate litigation is a specialty distinguished from other types of litigation because it is governed by specific probate and trust laws and rules that are based in common law principles of equity. Efficient and effective representation demands knowledge and expertise in the applicable laws and procedural rules related to probate and trust litigation. We have the knowledge, expertise and advocacy skills necessary to effectively navigate the complexities of trust and estate litigation and to provide a successful resolution to your specific matter.
We represent corporate and individual trustees, personal representatives, administrators, conservators, beneficiaries and other parties in all manner of trust and estate disputes, including but not limited to:
- Intra-family conflicts
- Challenges to the validity or construction of a will, trust, or other estate planning document
- Disputes concerning property rights
- Creditors’ claims
- Trust or estate accounting issues
- Allegations of a breach of fiduciary duty
- Allegations of fraud, coercion and undue influence
Mediation of Trust and Estate Disputes
Trust & estate litigation presents complicated legal, factual, and emotional issues. It is expensive and disruptive, but also offers the possibility of exploring settlement opportunities through alternative dispute resolution methods such as mediation. Mediation is a dispute settlement process where the parties to a dispute reach a mutual resolution in a supportive environment with the guidance of a mediator, who is a neutral third party with experience in resolving conflicts and the issues at hand.
Mediation is an expeditious and cost-effective alternative to litigation, and allows the parties to discuss their grievances and concerns in a private forum. The mediator is there to facilitate the discussion and offer suggestions for a resolution, but does not mandate an outcome. Mediation allows the parties to reach a resolution that is acceptable to both parties, and since the resolution is mutually agreed upon rather than imposed upon them, they are often more likely to abide by the terms of the agreement. Since the parties are working together rather than acting as adversaries, as in traditional litigation, it is more likely that the parties will be able to maintain or repair their relationship than in an adversarial trial proceeding.
Experienced Representation When Litigation is the Best or Only Option
Some disputes simply cannot be resolved in mediation. Unfortunately, trust and estate disputes, especially intra-family disputes, tend to be very emotional and contentious, and the grief suffered over the recent loss of a loved one often leads to anger and conflict, which in turn leads to a lawsuit. Cases can quickly deadlock within the early stages, increasing the level of distrust and animosity among the parties. These cases require particular sensitivity to the actual nature of the dispute, because often these disputes are as much about family relationships and dynamics as they are disputes over property.
We are experienced litigators with an established track record of achieving successful results on behalf of our clients, and a reputation in the legal community for favorably resolving difficult and challenging cases. For a complimentary consultation regarding your trust and estate litigation matter, contact the Law Offices of Eric S.T. Young.