Fiduciary & Trusts

Defending & Presenting Petitions to Remove Trustees | Accounting Actions | Actions to Terminate Trusts | Serving as Guardian Ad Litem | Breach of Fiduciary Duty | Trust/Will Construction Actions | Will Contests

Our trust and estate attorney team handles complex and cutting-edge cases involving questions of fiduciary responsibilities and the administration of trusts and estates, often defending trustees and other fiduciaries as well as advocating for the rights of beneficiaries.

Duffy & Sweeney litigators understand the sensitivities inherent in fiduciary and trust cases, including the intricacies of dealing with differently aligned parties and the family dynamics that often arise.

While our trust and estate attorney team approaches litigation aggressively, we often effectively negotiate successful resolutions outside the courtroom without compromising clients’ goals.

The firm has received top-tier ranking by Best Law Firms in conjunction with US News & World Reports for the category of Litigation-Trusts and Estates and, individually, our litigators have been recognized by Best Lawyers in this area.

Our office is based in the heart of the financial district in Providence, Rhode Island. Contact us at 401.455.0700.

  • D&S attorneys, after an 11-day trial in RI Superior Court, successfully defended trustees against fiduciary claims and obtained an award of both executor and trustee compensation.
  • The firm won a sizable award including punitive damages in an arbitration against brokers and brokerage firms on claims for churning and failure to supervise.
  • On behalf of beneficiaries of $500 million trust, D&S attorneys led the briefing and argument that resulted in a court order allowing early termination of the trust and distribution of trust assets. The case made new law in RI regarding the circumstances under which a Court can deviate from the terms of a trust at the request of the trust’s beneficiaries.
  • D&S attorneys represented the Small Business Association in a substantial and complex federal receivership case in which the receivership estate’s former managers asserted a substantial claim against the estate’s assets. Through discovery and after depositions, the firm’s attorneys succeeded in getting the claim withdrawn, thus preserving the estate’s assets for the other creditors.