The central challenge in this case was defending the validity of the trust amendment while preserving family assets in the face of aggressive litigation. We needed to conclusively establish Dr. A’s testamentary capacity through medical and witness evidence while countering well-funded opposition from three siblings who had retained separate counsel and pursued different legal theories. Additionally, we had to protect our client from personal exposure as trustee while administering a complex estate during active litigation, including preventing the forced sale of the art collection, which would have violated Dr. A’s explicit wishes to keep it intact for future generations.
We began with a thorough collection and analysis of all relevant documentation, including all versions of the trust, medical records, correspondence, and financial records. We conducted in-depth interviews with the drafting attorney, witnesses to the amendment signing, Dr. A’s physicians, caregivers, and friends who had regular contact with her during the period in question. We also retained forensic accounting experts to trace asset movements and medical experts to evaluate Dr. A’s cognitive capacity based on clinical records and witness accounts. This intensive investigation allowed us to build a strong factual foundation demonstrating that Dr. A was fully capable of making informed decisions about her estate.
We developed a multi-phase litigation strategy focusing first on defending our client’s position as trustee while the substantive issues were litigated. We successfully opposed the motion to remove our client as trustee through strategic early motions and affidavits from financial advisors who attested to her proper management. We then conducted targeted discovery including depositions of key medical providers and the siblings themselves, which revealed inconsistencies in their accounts of Dr. Morrison’s condition. We strategically limited discovery to protect sensitive family information while obtaining court orders to compel production of communications among the siblings that revealed their pre-death planning to contest the trust regardless of circumstances.
We assembled a strong expert witness team including a renowned geriatric neurologist who could authoritatively testify about Dr. Morrison’s cognitive capacity, a trust and estates professor to address proper execution procedures, and an art appraiser specializing in Impressionist works. We conducted mock direct and cross-examinations to prepare each expert for trial. Simultaneously, we implemented a comprehensive evidence preservation protocol for the art collection, including condition assessments and independent security monitoring to ensure our client could demonstrate perfect stewardship of these valuable assets throughout the litigation process.
While preparing aggressively for trial, we pursued a parallel resolution track by proposing mediation with a retired judge who specialized in complex family estate disputes. We prepared a detailed mediation brief highlighting the strongest evidence of Dr. A’s capacity and demonstrating the extensive personal care our client had provided, which contextualized the trust amendment as a rational recognition of her contributions rather than undue influence. At the same time, we continued trial preparation, developing compelling demonstrative exhibits, including a timeline correlating Dr. A’s medical records with her other professional and personal activities that demonstrated her continued competence and autonomy.
After eighteen months of litigation and a three-day mediation, we achieved a favorable settlement that validated the contested trust amendment with minor modifications. Our client retained 80% of the increased share designated in the final amendment, maintained her position as trustee, and secured sole authority over the art collection with a legally binding agreement to keep it intact through a specially created art trust that would benefit all family members. The siblings received accelerated distributions of certain liquid assets and clearly defined visitation rights to the art collection. The settlement avoided a costly trial while preserving family assets and creating a structured framework for ongoing family relationships. Most importantly, we fulfilled Dr. A’s documented intention that her art collection remain unified while acknowledging her youngest daughter’s dedicated care during her final years.