Areas of Practice:
Fiduciary and Trust
Litigation:
With the aging of the population, vast
sums of wealth, and control of many
privately owned businesses will be
passed from one generation to the next,
primarily through bequests in wills,
trust provisions, buy/sell agreements
and other planning devices. This shift
in wealth will be accompanied by the
inevitable disputes between dissatisfied
beneficiaries, family members, partners
and shareholders on the one hand, and
trustees, personal representatives
and similar fiduciaries on the other.
Few estate attorneys have the trial
skills necessary to effectively handle
these cases in court. Few trial attorneys
possess the knowledge of estate and
probate law necessary to understand
the complex issues that arise in these
cases, and most are unfamiliar with
the special procedures unique to practice
in the Probate Division.
Rossiter & Boock, LLC combines
its extensive trial experience and
its trusts and estates practice to
handle this complex area of fiduciary
litigation. We frequently represent
individuals, families, beneficiaries,
executors, trustees, guardians, banks
and trust companies when fiduciary
claims arise, and provide valuable
counsel to fiduciaries about their
duties in order to assist them in avoiding
future claims.
We are experienced in handling diverse
and complex fiduciary litigation issues
involving:
- Breach of fiduciary duty
- Will contests
- Undue influence claims
- Challenges to fees and commissions
- Challenges to investment decisions
and results
- Guardianship issues
- Actions taken by Agents under
Power of Attorney
- Removal of fiduciaries
- Surcharge of fiduciaries
- Interpretation of Wills
- Mistakes in drafting Wills
and trust instruments
Business Litigation:
At Rossiter & Boock, LLC, we regularly
represent mid-sized and small businesses
as well as individuals in a wide variety
of commercial and business disputes.
Our experience and expertise in litigating
such matters rivals that of much larger
firms, yet our smaller size and our
efficiency of operation allows us to
provide these services at a reasonable
cost.
We know how to try cases; therefore,
we know how to prepare pleadings, conduct
written discovery, and take depositions
in the most efficient way possible,
without wasted time, effort, and money,
and always with an eye toward getting
the case to trial and winning.
We have litigated and resolved disputes
concerning real estate transactions,
brokerage agreements, shareholder disputes,
bank negligence claims, temporary restraining
orders and injunctions, and innumerable
garden variety contract disputes.
We charge for our services based upon
the specifics of each case. Although
most of our business litigation is
handled on a fee per hour basis, we
are open to alternative billing arrangements
which may involve contingent fees,
in which our fee is dependent upon
the recovery in the case, or combinations
of contingent fee and reduced hourly
billing arrangements. We are open to
exploring such arrangements, in which
our firm shares in the risks and in
the rewards of the case's outcome.
Personal Injury:
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Traffic Collisions:
Our firm will assist those individuals
who have been injured after being
involved in a motor vehicle collision,
as a driver, passenger or a pedestrian.
We will work with the responsible
insurance companies to get your
claim resolved efficiently and
obtain compensation for your injuries
and losses. Our firm will file
and try your case to a jury if
the insurance company is not offering
fair compensation to you for your
injuries.
Medical Malpractice:
Our attorneys assist our clients
in determining whether an act of
negligence occurred in the injury
or death of their loved ones by
a medical provider. While handling
medical malpractice cases, our
firm focuses on providing services
in the most professional manner,
utilizing the best expert witnesses
and seeking a timely resolution
of these cases.
Trucking Collisions:
Our firm will assist those victims
or loved ones of victims who were
involved in a tractor trailer collision.
These cases require an in depth
knowledge of the Federal Motor
Carrier Safety Regulations and
the trucking industry. Our firm
has the experience to handle cases
involving collisions with tractor
trailers and we will fight to obtain
the best possible compensation
for your or your loved one from
the responsible insurance company
and/or the truck owner. Again,
our firm tries cases. If the responsible
party will not offer fair compensation
to you or your loved one, we will
file and try your case to a jury.
Products Liability:
People are injured every day by
products because of defects existing
in those products. If you or a
loved one has been injured by a
defective product, you may have
a claim against the manufacturer
and/or distributor of that product.
Products liability case involve
a wide range of consumer and professional
products, from defective automobiles
such as the Ford Explorer to defective
toys due to excessive amounts of
lead in the paint used on those
toys. Our firm assists our clients
in obtaining compensation for injuries
occurring from defective, dangerous
products and/or the manufacturer’s
failure to warn consumers of potential
dangers in these products.
Estate Planning
Our firm creates living wills, wills,
trusts and complete estate plans which
are specific to each client’s personal
and family goals. We prepare wills, revocable
and irrevocable trusts, special needs
trusts, irrevocable life insurance trusts,
living wills, powers of attorney, liftime
gifting arrangements and additional estate
planning based on each individual's goals.
