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Mark Swirbalus

Mark is a probate litigator who focuses his practice on high-stakes trust and estate (“T&E”) disputes and fiduciary litigation. Mark represents individuals, families, charitable organizations, and bank and trust companies as beneficiaries, trustees, executors, administrators, and personal representatives.

He handles a broad range of T&E-related disputes, including:

  • trust and will contests involving allegations of undue influence, incompetency, and fraud;
  • breach of fiduciary duty and removal actions;
  • contested accountings;
  • trust reformation, modification, and interpretation actions;
  • irrevocable life insurance trust (ILIT) matters;
  • trust and estate property disputes;
  • family limited partnership (FLP) disputes;
  • trust-held limited liability company (LLC) disputes; and
  • reasonable deviation and cy pres matters.

Clients look to Mark not only to guide them to successful resolution of their ‘once in a lifetime’ legal matters through settlement or trial, but also to help them avoid litigation in the first place.

Mark is co-Chair of the firm's Litigation group, and a Fellow of the American College of Trust and Estate Counsel (ACTEC), where he has been appointed to and serves on its Fiduciary Litigation Committee.