Daniel R. Losco

Trust & Estate Litigation

Trust and estate litigation involves legal disputes over wills, trusts, estates, and fiduciary responsibilities. These matters are typically handled in the Orphans’ Court Division of the Court of Common Pleas in Pennsylvania.

At MacElree Harvey, our experienced trust and estate litigation attorneys represent clients in complex disputes involving executors, trustees, beneficiaries, and financial institutions. Whether you are protecting your inheritance or defending your role as a fiduciary, we provide strategic, results-driven guidance.

What Is Trust & Estate Litigation?

Trust and estate litigation includes a wide range of disputes related to the administration of estates and trusts, including:

• Will contests and challenges to validity
• Trust disputes and trust termination actions
• Executor and trustee misconduct claims
• Estate and inheritance disputes among beneficiaries
• Guardianship and minor estate matters
• Estate tax appeals and accounting disputes

These cases often require careful interpretation of wills, trust documents, and fiduciary duties, as well as a deep understanding of Pennsylvania law.

Who We Represent

Our attorneys represent a broad range of clients in trust and estate disputes, including:

• Executors and administrators
• Trustees and fiduciaries
• Beneficiaries and heirs
• Family-owned businesses
• Banks and trust companies
• Non-profit organizations

We understand that these matters are often both financially significant and emotionally sensitive, and we approach each case with discretion and clarity.

Fiduciary Litigation & Liability Claims

There has been a growing rise in fiduciary litigation, particularly involving:

• Breach of fiduciary duty
• Self-dealing by trustees or executors
• Misuse of power of attorney
• Fraud or wrongful transfer of assets

Our attorneys handle actions involving surcharge claims, accounting disputes, and recovery of misappropriated assets, working to protect our clients’ financial interests and ensure accountability.

Orphans’ Court Litigation in Pennsylvania

Trust and estate disputes in Pennsylvania are governed by specialized rules in the Orphans’ Court Division.

Our team is well-versed in handling:

• Petitions to remove executors or trustees
• Formal accountings and objections
• Surcharge actions
• Disputes over estate administration

We guide clients through these proceedings efficiently while building strong, well-supported cases.

Alternative Dispute Resolution for Estate Conflicts

Many estate and trust disputes involve family members, making litigation especially sensitive.

Whenever appropriate, we help clients resolve disputes through:

• Mediation
• Arbitration
• Private settlement negotiations

Alternative dispute resolution can often preserve relationships while reducing time, cost, and stress.

Representative Cases

• Successfully filed a Petition with the Orphans’ Court to modify a Trust so that it could be terminated and the proceeds of the Trust were distributed to adult children when the purpose of the Trust was no longer being met. That purpose of the Trust was to protect the interests of any unborn children at the death of the Settlor. Since there were no such children, the Trust needed to be terminated.
• Helped a family deal with an incapacitated elder parent by finding a Guardianship protective service agency and a financial institution to act as Guardians of the person and of the estate, respectively. The agency Guardian of the person managed the nursing and activities of daily living needs of the elderly parent, while the financial institution invested and managed the funds.
• The Pennsylvania Department of Revenue denied a deduction on an estate tax return based on the valuation of a minority shareholder issue. The court upheld a Petition filed by our office challenging the denial of the deduction.
• A non-profit corporation decided to dissolve and distribute its assets.  A Petition was filed by our office and was successful in obtaining court approval of the schedule of distribution.
• It was alleged that a Will was forged. Our office filed a Petition challenging said Will and it was established, through an expert, that the signature of the Decedent was traced. The matter successfully settled out of court.
• An Executor was taking money from an estate. Our office brought an action on behalf of the beneficiaries. The Executor was surcharged and ordered not only to put back the amount that he had taken from the estate but also reimburse the estate for the cost of the fees that were incurred.

Speak with a Trust & Estate Litigation Attorney

If you would like to schedule a consultation, please call the firm at 610.436.0100 or visit macelree.com/contact-us.