OUR WORK. TRUST & ESTATE LITIGATION - Overview

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1 TRUST & ESTATE LITIGATION - Overview We help families deal with the often thorny and personal issues that arise when disputes develop over tax and estate planning efforts, especially as reflected in wills and trusts. Our deep knowledge of trust and estate law, complemented by our extensive experience in complex commercial and civil litigation, enables us to prosecute or defend, and ultimately resolve, the most contentious disputes. Without sacrificing zealous advocacy for our clients, we also attempt to reach these resolutions in a manner that preserves, to the extent possible, the family, marital, and community bonds that often are threatened in contested estate matters. Our attorneys have a wealth of experience representing families, heirs, executors, trustees, personal representatives, and other fiduciaries in high stakes estates and trusts litigation. We leverage the strength and depth of our firm s litigation resources to develop cost-effective solutions to even the most challenging issues. Our goals are to ensure that our clients receive all of the assets to which they are entitled, while simultaneously removing the burden from families, getting them out of court as quickly as possible, and preserving estate assets. Along with their litigation experience, many of the professionals in our Trust and Estate Litigation group have a deep understanding of the complex transactional and procedural nature of trusts and estates. In addition, group members frequently involve the many other tax, transactional and estate planning professionals within the Firm who specialize in designing, drafting, and re-drafting estate plans for families. The Trust and Estate Litigation team thus is able to draw on the depth of our firm s Corporate and Tax Practice groups to ensure that all of our clients needs are being carefully addressed.

2 TRUST & ESTATE LITIGATION - Attorneys Joseph G. Bisceglia Partner Office: jbisceglia@jenner.com Justin C. Steffen Partner Office: jsteffen@jenner.com Ross B. Bricker Partner Office: rbricker@jenner.com Anna W. Margasinska Staff Office: amargasinska@jenner.com

3 Attorneys!--%= render_cell(:attorneys, :default) %>--> Our Work Representative Engagements Attorneys at Jenner & Block have substantial experience in representing, families, heirs, executors and other fiduciaries in high stakes estates and trusts litigation. The following are a number of representative engagements: In the Matter of the Supervised Administration of the Estate of Mary Morris Leighton, No. 71J EU (St. Joseph Probate Court, County of St. Joseph, State of Indiana). Represented family members in a $160 mil. will and trust contest in Indiana state court, involving allegations that decedent amassed estate by misappropriating assets from decedent s wife, the mother/grandmother of the plaintiff family members. The matter was settled following mediation. In re the Estate of Irsay (State of Indiana). Represented the trustees of the Irsay trust in probate and related litigation brought by the second wife of Robert Irsay. The matters involved issues related to the ownership of the Indianapolis Colts and other property. The matters were settled on a confidential basis. In re the Estate of George Halas, (Circuit Court of Cook County Illinois, Probate Division) Represented the law firm representing the executor of the Halas estate, the Executor himself and the Chicago Bears related to the estate worth hundreds of millions of dollars. The matter involved challenges to the distribution to the heirs of the estate per stirpes rather than per capita. The court ultimately upheld the original estate plan. Represented the executor son of decedents in a matter in which the half sister alleged her half brother manipulated parents and documents to exclude her as a former beneficiary of the parents trust. The half sister filed a lawsuit in Texas for breach of fiduciary duty and Probate Court stayed proceedings until Texas suit concluded. The case was settled on a confidential basis. In re the estate of J.C. Hemphill (Circuit Court of Cook County Illinois, Probate Division) Represented the Lyric Opera of Chicago in a dispute involving bequests to it and several other major charitable organizations.

4 After considerable negotiations, the dispute was resolved by settlement on grounds favorable to the Lyric Opera. In re the Marriage of: Raymond, No. 89 D 1318 and Raymond v. Rohner, 07 CH (Circuit Court of Cook County, Illinois) Currently representing estate of Chicago-area real estate developer in separate trust challenges valued at $40 million raised by ex-wife and children, who are estate beneficiaries but who seek to enforce additional rights under terminated trust document. Litigated a $10 million estate action commenced by Northern Trust as trustee seeking to delay trust administration while search for potential missing heir took place. We persuaded the court to dismiss case and allow probate and estate resolution to proceed resulting in the trust being enforced and client receiving benefits. Ballin v. Pink, (Circuit Court of Cook County, Illinois) Represented major Chicago law firm in effort by estate beneficiaries to challenge firm s work and underlying estate documentation. The lawsuit successfully dismissed. Schine, et al. v. Crown, et al., 14 F.3d 590 (2d Cir. 1993). Represented Lester Crown and trustees of family trusts in a dispute involving claims for breach of fiduciary duties and conversion, among other things. The trial court granted Crown s motion for sanctions for discovery abuses, including dismissal with prejudice and an award of attorneys fees. The Second Circuit affirmed the Southern District of New York s judgment. In re Estate of Zelma H. Hanson, (Probate Court, Circuit Court of Cook County, Illinois) Represented heir in dispute over estates, wills and trusts involving, among other things, business valuation. Case settled after opening and during witness examinations. Representing founder of successful retail chain in a $300 million matter in Missouri related to pre-litigation counseling designed to reform existing trust to allow majority of family members to administer trust without being thwarted by intransigence of one sibling/trustee. Represented our confidential client in the defense of a claim of breach of fiduciary duty that arose from its service as the Trustee of a family trust for over 70 years. The matter was settled. In re the Estate of Langer (New York State Surrogates Court) Represented the Executor in a will contest brought by an heir to the Evian estate. The matter was settled on a confidential basis.

5 In re the Estate of Andy Warhol, (New York State Surrogates Court) Represented the Executor of the Warhol estate in which the Court was asked to set a value on a collection of Warhol produced artwork in excess of 85,000 pieces. The matter was settled while on appeal. In the matter of the Estate of Eugene Heytow, (Nevada) Representing the estate as trustee in a dispute with the divorced wife of decedent related to the proceeds from a life insurance policy and defense of other third party claims. Estate of Vogt (Case No.88 P 3510, in the Circuit Court of Cook County, Probate Division) Represented fiduciaries of estate of decedent in connection with various disputes in approximately $12 million dollar estate which owned substantial real estate in Chicago s West Loop, including successful jury trial of will contest proceedings upholding decedent s codicil to the will, defense of trustees in separate state court proceedings alleging breach of fiduciary duty (motion to dismiss granted), and successful defense of various citations and claims in probate proceedings seeking to characterize fiduciary s separate business as an estate asset, and challenging other actions and decisions of estate fiduciaries. Estate of James H. Kramer (Circuit Court of Cook County, Probate Division) Represented co-executor, son of the decedent, who was a seminal member in the Board of Trade, in connection with broad-ranging contested estate matters, including removal of co-executor/attorney for undue influence in execution of codicil leaving substantial assets to the lawyer s own son, and challenge to the validity of the codicil. Most of the issues were successfully resolved after extensive litigation. Estate of Eleanor Kramer (Circuit Court of Cook County, Probate Division) Represented Chicago Title and Trust as executor/trustee of the estate of the founder of a manufacturing firm in various contested estate/trust litigation, including matters adverse to his beneficiary son for diverting and secreting assets of the trust estate in violation of the trust provisions. Successfully resolved after several years of litigation. Estate of Nichols(Circuit Court of Cook County, Probate Division) Represented executor of estate of deceased owner of large motorcycle parts and accessories retailer in various estate/trust litigation, including citations to recover assets from one of decedent s sisters in Florida in ancillary proceedings, and issues relating to the disposition and valuation of stock in the decedent s company. Most matters successfully resolved.

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