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Fiduciary Counsel and Litigation

BETTER EXECUTION Comes from trust and insight

Serving as a fiduciary is a privilege wrapped in a mine field.

As a financial steward, fiduciaries must always act in the best interest of their clients. Unfortunately, not everything always goes as planned. We help fiduciaries, counseling on properly carrying out their fiduciary duties of loyalty, impartiality, investment, administration and others, always balancing the situational practicalities with the legal niceties.

We assist beneficiaries in understanding and enforcing their rights and represent both executors and legatees in carrying out their duties during times of great emotional transition. We also counsel trustees in handling accountings, investments, tax compliance and the other day-to-day aspects of serving as a fiduciary.  And, when appropriate, we serve as trustee at the client’s request.

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We work with you to prevent unnecessary and costly litigation before disputes surface through practical, to-the-point advice. We pursue mediation or arbitration whenever possible to resolve disputes quickly. When litigation cannot be avoided, we lead your litigation matters related to breach of fiduciary duty claims, will and trust contents, trust construction suits, charitable misappropriations, petitions for trustee instructions and trust reformation proceedings.

Areas of Focus:

  • Advising corporate and individual fiduciaries
  • Advising beneficiaries
  • Estate administration and probate
  • Trust administration
  • Guardianships and contested guardianships
  • Litigation involving estates, trusts, executors, trustees, beneficiaries or charitable giving
  • IRS disputes
  • Coordination and team approach with other integral advisors
Aaron L. HammerChair | Bankruptcy Group
John R. WiktorChair | Private Client, Trust and Estates Group
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500 West Madison Suite 3700
Chicago IL 60661

Phone: 312-606-3200 Fax: 312-606-3232
© Horwood Marcus & Berk Chartered 2019. All Rights Reserved.
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