Estate litigation in New Jersey is the legal process of resolving disputes that arise from the administration of a deceased person’s estate. These disputes can involve a wide range of issues, including:
- The validity of the decedent’s will
- The interpretation of the will’s provisions
- The distribution of the estate’s assets
- The conduct of the personal representative (executor or administrator)
- Claims against the estate by creditors or beneficiaries
Estate litigation can be complex and time-consuming, and it is important to have an experienced estate planning attorney to represent you if you are involved in an estate dispute.
Some common types of estate litigation in New Jersey include:
Will contests: These cases involve challenging the validity of a will. Will contests can be based on a variety of grounds, such as fraud, undue influence, or lack of testamentary capacity.
Trust disputes: These cases involve disputes over the administration of trusts. Trust disputes can arise between trustees and beneficiaries, or between beneficiaries themselves.
Breach of fiduciary duty: These cases involve claims that the personal representative or trustee breached their fiduciary duties to the estate or trust. Fiduciary duties include duties of loyalty, care, and confidentiality.
Accounting disputes: These cases involve disputes over the accounting of the estate’s or trust’s assets.
Creditor claims: These cases involve claims against the estate by creditors. Creditors must file their claims within a certain period of time after the decedent’s death, or they may lose their right to collect.
Beneficiary disputes: These cases involve disputes between beneficiaries over the distribution of the estate’s assets. Beneficiary disputes can arise over the interpretation of the will’s provisions, or over the conduct of the personal representative.
If you are involved in an estate dispute in New Jersey, it is important to contact an experienced estate planning attorney as soon as possible. When disputes between beneficiaries and trustees or administrators arise, WSH provides guidance as to litigation strategy and the likelihood of success. We will consider all non-litigation settlement options, but we also provide competent representation in the event that a trial may be necessary.
To learn more about our estate litigation services or to schedule a consultation with the Ward, Shindle & Hall team, please contact our firm at (856) 853-7771.
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