Trust & Estates Litigation

For many years, Schulte Roth & Zabel has been actively engaged in trusts and estates litigation. In such cases, the Litigation Group is able to draw on the expertise and experience of members of our Individual Client Services Group.

We have represented executors in accounting proceedings, objectants to probate and accounting proceedings, proponents and opponents of contested wills and trusts, petitioners challenging the IRS in U.S. Tax Court, and court-appointed guardians for disabled persons.

Representative Matters

• Negotiated $7.2 billion settlement for the Estate of Jeffry M. Picower with Manhattan U.S. Attorney’s Office and SIPC trustee stemming from the Madoff Ponzi scheme.
• Successful defense at trial of American will of Rudolph Nureyev against claims of lack of capacity and undue influence. Rudolph Nureyev Dance Foundation v. Noureeva-Francois, 7 F. Supp. 2d 402.
• Representation of JPMorgan Chase as executor of estate of murdered investment banker. Estate of R. Theodore Ammon.  
  
• Resolution of contested guardianship/will dispute on behalf of the Museum of Fine Arts, Boston. In re Pfleuger.
• Resolution of litigations in Florida involving claims of undue influence, lack of capacity and breach of fiduciary duty. Estate of Cook, Estate of Zisson.
• Successful trial and appeal of guardianship proceeding in Supreme Court, New York County and resolution of parallel accounting proceeding in Surrogate’s Court. In re Anonymous, 41 A.D. 3d 346.
  
• Resolution of numerous contested accounting proceedings in Supreme Court and Surrogate’s Court. E.g., In re Cullman, In re Poster.
• Successful litigation of parallel cases in New York and Florida involving claims of breach of fiduciary duty by an executor. Estate of Perlberg.
• Resolution of will contest involving allegations of undue influence and after-death alteration of will by the attorney-draftsman. Estate of Munn.
• Defense of inter vivos designation of annuity beneficiaries against allegations of lack of capacity and undue influence. Estate of Ottomanelli.
• Successful resolution of numerous Tax Court cases defending executors’ asset valuations on federal estate tax returns.