Assertive Defense In Estate Litigation
In a perfect world, everyone would die with a will, trust and other ironclad estate plan tools that leave no opportunity for family members, creditors or other interested parties to contest estate administration. Because this is not always the case, many people will find themselves embroiled in estate litigation when a loved one passes. Though you may have rights to an estate as an heir or beneficiary, you may be reluctant to pursue them because of the complexity of these cases.
Our lawyers at Giro & Associates LLC empathize with your situation, which is why we are aggressive in protecting the interests of Bergen County clients in estate litigation cases. We have represented clients occupying various roles in an estate administration dispute, and we will fight to enforce your rights, as well.
Strong Representation In Tough Estate Disputes
There are multiple parties involved with estate administration under New Jersey law and numerous disputes that may arise, so estate litigation incorporates a wide range of contested issues.
Estates with a will: A person who executes a will appoints an executor and designates beneficiaries to receive certain assets, but there are still situations that can lead to estate litigation. A beneficiary who was left out may contest the will in part or in its entirety, on the grounds of the testator’s capacity, undue influence, or improper execution.
Intestate estates: Even more disputes arise in cases where the deceased person did not leave a will because there may be multiple individuals who qualify and seek appointment to act as administrator. It is possible to engage in protracted litigation over which person will serve even before administration of the estate can move forward.
Disputes regarding the administrator’s or executor’s duties: Once a person is appointed by the court as executor of the will or administrator of the estate, heirs or beneficiaries may take issue over that individual’s management of estate assets. These individuals may attempt to halt sales of real or personal property or are fighting over distribution of a particular heirloom.
Other estate litigation matters: Regardless of whether there was a will, there can still be issues arising from improper acts that occurred in the time period leading up to the decedent’s passing. Where there was misconduct, perhaps because a caretaker or family member misappropriated assets, litigation may be necessary to return the value of the property.
In addition, estate litigation can arise when creditors attempt to obtain payment for the deceased’s debts, but the estate representative contests the claim. Another common cause of litigation is when heirs, beneficiaries, or the representative disputes paternity of an individual claiming to be an interested party.
Contact A Skilled Lawyer To Discuss Your Situation
You have rights as an executor, administrator, heir, beneficiary, or other interested party, so do not put them at risk in estate litigation cases. Use the online form or call 201-771-9436 to contact Giro & Associates LLC in River Edge to set up a consultation with an experienced attorney. We can review your situation and explain more about your legal options in estate litigation.