Kelly M. Preteroti

Ms. Preteroti has a national fiduciary litigation practice, handling matters throughout the Firm's footprint. Fiduciary disputes typically arise between individuals or financial institutions acting in a fiduciary capacity (such as a trustee or personal representative) and beneficiaries of a trust or estate. Ms. Preteroti is well-versed in trust and estate law and the nuances of litigating these matters in all venues, which vary from state to state.

Fiduciary disputes can be very contentious. Ms. Preteroti is a trial lawyer who knows what it takes to win. She takes a strategic and detail-oriented approach to each engagement, pushing hard for her clients in an effort to quickly and efficiently resolve the dispute.

While some cases must be tried, Ms. Preteroti is a strong proponent of mediation and alternative dispute resolution, and has handled many mediations and arbitration proceedings. At times, Ms. Preteroti serves as a neutral, assisting fiduciaries with resolving disputes amongst factioning beneficiaries before they devolve into protracted litigation.

Ms. Preteroti regularly lectures and publishes guidance on key issues for fiduciaries and beneficiaries in avoiding and resolving fiduciary disputes. Ms. Preteroti also hosts the Firm's Annual Fiduciary Counsel Roundtable where lead counsel for corporate fiduciaries are invited to join Baker Donelson to discuss best practices and issues that are top of mind.

Before entering private practice, Ms. Preteroti worked for the Honorable Lynne A. Battaglia on the Commission on Professionalism, which was established to explore and monitor the implementation of the professionalism policies adopted by the Court of Appeals.

• Successfully represented a trust beneficiary in a claim surrounding interest in an eight-figure pot trust and challenges to interference by the settlor. The case was litigated in Maryland and Wyoming over several years and resulted in a favorable resolution for our client.

• Successfully defended a trustee of an eight-figure trust against claims of undue influence and lack of capacity asserted by a disinherited child. After taking depositions and aggressively pursuing summary judgment, the case resolved in favor of the trustee.

• Successfully pursued a declaratory judgment action on behalf of a beneficiary related to disposition of a seven-figure brokerage account and defended claims of undue influence and fraud brought by a son who sought to invalidate the designation. The case was resolved in favor of the beneficiary after a false beneficiary designation was filed by the son, and Ms. Preteroti aggressively pursued his deposition, obtaining a court order forcing him to appear.

• Successfully pursued a declaratory judgment action against trustees in an arbitration proceeding involving the administration of an eight-figure charitable remainder unitrust and distributions due the primary beneficiaries. Obtained a sweeping ruling in favor of the beneficiaries, including payment of attorneys' fees.

• Successfully resolved dispute amongst beneficiaries, on behalf of corporate fiduciary, over reciprocal estate plans involving four multi-million dollar trusts, negotiating a complex resolution and seeking a judicial modification of a Florida irrevocable trust.

• Successfully defended a challenge to a multi-million dollar Florida marital trust, stemming from claims of undue influence by two children of a first marriage against the long-term spouse from a second marriage.

• Successfully pursued a claim of undue influence on behalf of the personal representative against a family friend that took advantage of a wealthy elderly individual with no children. Ms. Preteroti's efforts restored large bequests to charities and resulted in the recovery of high-dollar, non-probate accounts.

• Successfully removed a lawyer trustee for mismanaging trust property and failing to comply with fiduciary duties in her management of the trust.

• Successfully pursued a declaratory judgment action involving a contract to make a will where the widow was left to contend with a pre-marriage, decades-old will that left the spouse's millions in assets to 17 charities.

• Aggressively defended a caveat dispute and related partition action over millions of dollars' worth of real property, resulting in full dismissal of plaintiff's claims, with prejudice.

• Secured a favorable order to divide and modify a multi-million dollar trust in a hotly-contested proceeding between second spouse and children from a first marriage.

• Obtained dismissal of complaint for breach of duty action filed by beneficiaries against the corporate fiduciary for its decision to diversify a concentrated holding. 

• Successfully defended a trustee in an action by a beneficiary involving breach of fiduciary duty and constructive fraud claims, resulting in payment by the challenging beneficiary of the trustee's attorneys' fees and outstanding commissions totaling more than $330,000 and dismissal of all claims, with prejudice.

• Successfully pursued the removal of a personal representative who mishandled and misappropriated eight figures' worth of rare coins to the detriment of the beneficiaries of two separate estates.

• Successfully defended a corporate trustee in an action brought by disinherited beneficiaries to invalidate a seven-figure will and trust.

• Successfully pursued a SAFE Act claim against the former girlfriend of the decedent who misappropriated millions of dollars from the decedent prior to his death. The case resulted in a full recovery of the misappropriated assets.

• Successfully defended trustees in a claim brought by their brother to have a multimillion-dollar real estate asset allocated to his share.

• Successfully pursued claim against a trustee on behalf of a beneficiary of eight-figure trusts, obtaining a significant damages award for breach of trust and removal of the trustee.

• Successfully handled multiyear litigation on behalf of a corporate fiduciary related to an eight-figure trust that included construction claims related to a Florida and Delaware trust.

Professional Memberships

• Fellow – American College of Trust and Estate Counsel (ACTEC)
• Member – American Bar Association (Section of Real Property, Trust and Estate Law)
• Member – Maryland State Bar Association (Estates & Trusts Section)
  • Estates & Trusts Law Section Council
• Member – Bar Association of Baltimore City (Estates & Trusts Committee)
• Member – Federal Bar Association

Honoraries

• Named the Best Lawyers^® 2025 and 2023 Litigation - Trusts and Estates "Lawyer of the Year" in Baltimore
• Listed in The Best Lawyers in America^® for Litigation - Trusts and Estates (2021 – 2026)
• Listed in Maryland Super Lawyers, Estate & Trust Litigation (2021 – 2026)
• Listed as among the top 50 Women Attorneys and top 100 Maryland Attorneys in Maryland Super Lawyers (2025, 2026)
• Listed as a Maryland Rising Star, General Litigation (2012 – 2015); Estate & Trust Litigation (2016)
• Selected to The Daily Record's Power List: Estate and Trust Law (2024)
• Recipient – Leadership in Law Award by The Daily Record (2023)
• Recipient – Ober|Kaler Pro Bono Distinguished Service Award (2008)

• Summer Associate, Ober, Kaler, Grimes & Shriver
• Summer Associate, Brodsky, Greenblatt & Renehan, Chartered
• Intern, the Honorable Lynne A. Battaglia, Court of Appeals, Annapolis
• Intern, Ugaretti & Harris

• "Spotlight: Baker Donelson Work-Life Warriors," Women's Initiative Newsletter (June 2023)
• "My Weekday Workout: 'I Do It for My Body and My Mental Health. Exercise Makes Me a Sharper Lawyer,' Says Kelly Preteroti," Law.com (April 2021)
• "Written Witness Statements: A Practical Bridge of the Cultural Divide," Chapter 19, ICDR Handbook on International Arbitration Practice and AAA Handbook on International Arbitration Practice (September 2010)

• Panelist – "Evidentiary Issues Associated with Situs Disputes," American College of Trust and Estate Counsel 2025 Fall Meeting (October 2025)
• "Beneficiary Enforcement Actions and Other Suits Against Trustees," Maryland State Bar Association CLE Program (October 2025)
• Panelist – "Lessons Learned in Fiduciary Litigation," ACTEC 2024 Mid-Atlantic Regional Meeting (October 2024)
• "Tips Regarding Fiduciary Disputes and Estate Planning," ACTEC Trust and Estate Talk Podcast (May 2024)
• Co-presenter – "A Year In Review of Fiduciary Disputes," a presentation for trust officers (April 2024)
• Presenter – "The Hottest Topics That Aren't Too Hot to Handle," American College of Trust and Estate Counsel 2024 Annual Meeting (March 2024)
• Presenter – "Undue Influence: Will You Know It When You See It?," Philadelphia Estate Planning Council (January 2024)
• Presenter – "Has Your Bubble Burst?: Evidentiary Presumptions in Undue Influence Cases," ACTEC Fiduciary Litigation Committee Meeting (June 2023)
• Co-presenter – "Augmented Estate Litigation Through the Lens of a Case Study," Maryland State Bar Association (MSBA), Estate & Trust Study Group (March 2023)
• Co-presenter – "Maryland 'Safe' Act Statute Against Financial Exploitation," MSBA Advanced Estate Planning Institute (March 2022)
• Presenter – "Elective Share of Surviving Spouse: An Introduction to the New Statute," Maryland Judiciary, Judicial College (February 2021)
• Presenter – "New Elective Share Planning and Strategies," MSBA, Advanced Estate Planning Institute webinar (November 2020)
• Presenter – "Planning for Potential Litigation Under the New Elective Share Statute," MSBA, Estate & Gift Tax Study Group webinar (May 2020)
• Panelist – "Dealing with COVID-19: What Estate & Trust and Elder Law Attorneys Need to Know," MSBA, Elder Law Section and the Estates and Trust Law webinar (April 2020)
• Panelist – "Maryland's New Elective Share Law: Adjustments and Opportunities," MSBA, Estate and Trust Section & Learning and Publications Department (November 2019)
• Host – Fiduciary Counsel Roundtable: Sharing Thoughts and Best Practices for Corporate Fiduciaries (Annual)
• Co-presenter – "Nonjudicial Settlement Agreements: How Far is Too Far?," MSBA, Advanced Estate Planning Institute (May 2019)
• Co-presenter – "Nonjudicial Settlement Agreements: Cutting Out the Court in Resolving Trust Disputes," Baltimore City Bar Association, Estates and Trusts Section (November 2018)
• Presenter – "Nonjudicial Settlement Agreements: The Many Uses and Potential Pitfalls," MSBA, Estate and Gift Tax Study Group (May 2018)
• Presenter – Probate Litigation Bootcamp, Bar Association of Baltimore City (Estates & Trusts) (2017)
• Presenter – "Where There Is a Will, Is There a Way?," A discussion on whether a post-death dispute over assets can be prevented, Wednesday Law Club (2017)
• Presenter – "Fiduciary Litigation: Contesting and Defending Wills, Trusts, and Inter Vivos Transfers," Maryland State Bar Association (2015 and 2016)
• Presenter – "Avoiding Estate-Related Disputes," a presentation for fiduciaries and Certified Public Accountants (2013)
• Presenter – "Mediation – When to Use and How to Make it Effective," Webinar, Young Lawyers Division, American Bar Association (2012)

• 11 Baker Donelson Attorneys Named to 2026 Maryland Super Lawyers List; 14 Named to Maryland Rising Stars (December 19, 2025)
• Baker Donelson Attorneys Recognized in The Best Lawyers in America® 2026 Listing (August 21, 2025)
• 22 Baker Donelson Attorneys Named to 2025 Maryland Super Lawyers List (December 19, 2024)
• Baker Donelson Attorneys Recognized in The Best Lawyers in America® 2025 Listing (August 15, 2024)
• 25 Baker Donelson Attorneys Named to 2024 Maryland Super Lawyers List (December 14, 2023)
• Baker Donelson Attorneys Recognized in The Best Lawyers in America^® 2024 Listing (August 17, 2023)
• 14 Baker Donelson Attorneys Named to 2023 Maryland Super Lawyers List (December 14, 2022)
• Baker Donelson Attorneys Earn Recognition in The Best Lawyers in America® 2023 Listing (August 18, 2022)
• 16 Baker Donelson Attorneys Named to 2022 Maryland Super Lawyers List (December 17, 2021)
• Baker Donelson's Kelly M. Preteroti Named a Fellow of The American College of Trust and Estate Counsel (October 27, 2021)
• Baker Donelson Attorneys Earn Recognition in The Best Lawyers in America® 2022 Listing (August 19, 2021)
• 16 Baker Donelson Attorneys Named to 2021 Maryland Super Lawyers List (December 16, 2020)

• Kelly Preteroti Profiled Among Maryland Daily Record's 2024 Estate and Trust Law Power List Honorees (March 29, 2024)
• Kelly Preteroti Highlighted Among Daily Record's 2023 Leaders in Law (April 25, 2023)
• Kelly Preteroti Featured in Law.com's My Weekday Workout (April 7, 2021)