Trust and estate disputes do not always end when the trial court issues its decision. In many cases, that decision is only one chapter in a longer process—one that requires a different mindset, a different skill set, and a highly disciplined approach to the law.
At Stokes Lawrence, our Trust & Estate Appellate Litigation team focuses on guiding clients and counsel through that next chapter. Our practice sits at the intersection of two complex legal arenas: trust & estate litigation and appellate procedure. Each has its own intricate rules and nuances. Our team is built around that dual experience, allowing us to navigate both systems seamlessly and to translate trial-level outcomes into effective appellate strategy.
Clients and referring counsel engage our team at a range of critical moments—before a case is filed, during active trust and estate litigation, or after a significant ruling by the trial court. Because appellate opportunities are often defined early, our involvement can begin well before a notice of appeal is filed, helping ensure that the record, rulings, and arguments are positioned for meaningful review.
Our approach is grounded in careful analysis, candid advice, and a clear understanding of how appellate courts operate. We work with clients to assess not only the legal merits of an appeal, but also the practical considerations, including timing, cost, and likelihood of success. That often means having difficult but necessary conversations about what an appeal can realistically achieve and where the strongest arguments lie. In a context where legal issues and personal circumstances are closely intertwined, we bring both disciplined advocacy and a measured, strategic perspective to every case.
What We Do
We represent clients at all stages of the appellate process, including:
- Evaluating whether an order is appealable
- Advising on discretionary review and interlocutory appeals
- Preserving issues for appeal during trial-level proceedings
- Drafting appellate briefs and handling oral argument
- Defending judgments on appeal
- Representing interested parties whose rights may be affected
- Consulting with trial counsel throughout litigation
We routinely serve as dedicated appellate counsel or as strategic partners alongside trial teams.
Types of Cases We Handle
Appeals in this area arise from a wide range of disputes under the Trust and Estate Dispute Resolution Act (TEDRA) and related proceedings. Common issues include:
- Will contests
- Trust and will interpretation
- Undue influence, fraud, and lack of capacity claims
- Financial exploitation and vulnerable adult disputes
- Community property and inheritance rights
- Disputes involving spouses in pending divorce at time of death
- Committed intimate relationship claims
- Creditor claims and fee disputes
- Fiduciary disputes involving trustees or personal representatives
- Accountings and requests for information
- Standing to bring or defend claims
- Damages and remedies under statutory frameworks
- Powers of appointment and trust administration issues
Many appeals also involve nuanced procedural questions—what orders are appealable, when deadlines run, and how issues must be preserved for review.
Recent Cases
- Gianesini v. Estate of Gary and Gianesini, No. 86509-9, 2026 WL 84035 (Wash. Ct. App. Jan. 12, 2026)
Defended dismissal of TEDRA petition brought by Decedent’s son and personal representative, who the trial court found breached his fiduciary duties and failed to properly administer the Estate. We persuaded the Court of Appeals to affirm that dismissal on res judicata and collateral estoppel grounds, and the Court awarded our attorneys’ fees on appeal. We then defeated the opposing party’s petition for review to the Washington Supreme Court, permanently securing the victory for our client. - Thompson Living Trust, No. 85574-3, 2025 WL 1367676 (Wash. Ct. App. May 12, 2025)
Persuaded the Court of Appeals that the trial court erred as a matter of law by awarding prejudgment interest against our client, resulting in remand with instructions to strike that improper award. - Matter of Tony Vivolo Residuary Trust, No. 85676-6, 2024 WL 5118405 (Wash. Ct. App. Dec. 16, 2024)
Successfully defended favorable trial court judgment, persuading the Court of Appeals that the decedent did not exercise his power of appointment over a residuary trust. The Court of Appeals awarded our client’s attorneys fees and costs on appeal under RCW 11.96A.150. - Henderson v. Schmoll, No. 85186-0, 2024 WL 3757927 (Wash. Ct. App. Aug. 12, 2024)
Successfully defended summary judgment in our client’s favor, persuading the Court of Appeals that a decedent’s will created an express trust which made the perpetuities savings statute in effect at the time of the decedent’s death applicable to the gift of one half of a residence to our client’s deceased husband valid. As a result, our client received one-half of the sale proceeds from the sale of the residence - In re Estate of Sharon Marie O’Hara, No. 57421-7, 2024 WL 2750153 (Wash. Ct. App. May 29, 2024)
Defended the Estate of Sharon Marie O’Hara on appeal in a multi-layered TEDRA dispute brought by Sharon’s estate against the estate of Sharon’s deceased husband. The Court of Appeals affirmed our client’s trial court victories on the core legal issues including the husband’s breach of fiduciary duties as PR of Sharon’s estate, community property rights, and a substantial attorney fee award, with only a limited remand on the calculation of prejudgment interest. - Losie v. Kaneen, No. 82993-9, 2023 WL 128071 (Wash. Ct. App. Jan. 9, 2023)
Represented the appellant trustee in a TEDRA appeal regarding a trust administration dispute and successfully obtained reversal of key portions of the judgment, finding that the trial court abused its discretion by awarding prejudgment interest and made two mathematical errors when calculating its judgment. The decision required the trial court to recalculate the judgment and provided meaningful guidance on the remedies available in Washington trust litigation. - Estate of Kolesar, 27 Wn. App. 2d 166, 532, PO.3d 170 (2023)
Successfully defended order dismissing will contest on standing grounds, persuading the Court of Appeals that only those whose financial interests are harmed by permitting a will to stand may challenge the validity of that will. - Matter of Estate of Berg, No. 82328-1, 2022 WL 1003783 (Wash. Ct. App. Apr. 4, 2022)
Persuaded the Court of Appeals to reverse an adverse verdict because the trial court had improperly considered extrinsic evidence when construing an unambiguous will. The Court of Appeals remanded the case for further proceedings, allowing our client to obtain his full inheritance, and awarded our attorneys’ fees and costs under RCW 11.96A.150. - Matter of Estate of Scott, No 78.178-2, 2019 WL 3926156 (2019)
Successfully overturned trial court orderthat purported to reform will but failed to comply with the statutory requirements set out in RCW 11.96A.125. The Court of Appeals remanded the case with instructions for the trial court to conduct the proper analysis in the first instance. - Estate of J. Thomas Bernard, 182 Wn. App. 692, 332 P.3d 480 (2014)
Successfully reinstated a valid amendment to trust and codicil to will by demonstrating substantial compliance with a TEDRA agreement. The Court of Appeals reversed a contrary ruling from the trial court and confirmed the right of trustees and beneficiaries to appeal that ruling as a matter of right.
