The primary purpose of creating an estate plan is to ensure assets are passed down according to our wishes at the end of our lives. Unfortunately, when someone fails to leave clear instructions in their will or beneficiaries otherwise believe an estate plan is invalid in some way, it can lead to litigation. If you currently find yourself facing a litigated estate matter, please don’t hesitate to contact a dedicated Bergen County estate litigation lawyer from The Law Offices of Colin M. Quinn.
Estate Litigation Lawyer | Representing Clients in New Jersey
Whether you’re the administrator of an estate, the beneficiary of a will, or otherwise an interested party in a person’s estate, you’ll need an attorney you can depend on when the process turns to litigation. Fortunately, if you’re reading this, you’ve come to the right place. Our Bergen County estate planning lawyer stands ready to advocate for your best interests and ensure your loved one’s intentions are realized.
Commonly Litigated Estate Matters
Disputes can arise over various estate-related issues, but some of the most common we see are as follows:
- Disputes Over the Validity of a Will: Challenges to the authenticity of the will, including accusations of forgery or that the decedent was unduly influenced or lacked the necessary mental capacity at the time of the will’s creation.
- Interpretation of Will Provisions: Conflicts arising from ambiguous language in a will, leading to disagreements over the decedent’s true intentions.
- Breach of Fiduciary Duty: Allegations that the executor or administrator of the estate has failed to act in the best interest of the beneficiaries, including mismanagement of assets or self-dealing.
- Claims Against the Estate: Creditors seeking payment for debts owed by the decedent, which can lead to disputes with beneficiaries over the legitimacy and valuation of these claims.
- Estate Distribution Disputes: Conflicts among beneficiaries regarding the distribution of assets, particularly in cases of unequal or unexpected distributions.
- Contested Trusts: Similar to will contests, these involve challenges to the validity of trusts established by the decedent, including revocable living trusts and irrevocable trusts.
Reasons to Contest a Will
Having a will does not guarantee the decedent’s assets, including real property and personal accounts, will be distributed according to the will’s terms. A court generally must provide an opportunity to allow others to object to the will, or file a caveat, and a challenge may be brought by anyone with interest in the estate who believes the will is invalid. Grounds for contested a will are as follows:
- Lack of Testamentary Capacity: Arguing that the decedent did not have the mental capacity to understand the nature of their assets, their relations to the people who should inherit, or the legal effects of signing a will.
- Undue Influence: Claiming that the will was the result of pressure or manipulation from an outside party, overpowering the free will of the decedent.
- Improper Execution: Demonstrating that the will was not signed in accordance with New Jersey state laws, including requirements for witnesses.
- Fraud or Forgery: Alleging that the will presented is a forgery or that the decedent was tricked into signing it, believing it to be a different document.
- Revocation: Arguing that the decedent had revoked or replaced the will with a newer version.
The Process of Contesting a Will in New Jersey
The process of contesting a will can be involved and complicated, but a general overview of it is as follows:
- Initially, consult with an experienced estate litigation lawyer to discuss the validity of your claim and the specifics of the contested will.
- Before or after the will has been admitted to probate, file a caveat with the surrogate court to prevent the will from being probated without notice or a complaint to challenge the will.
- After the complaint is filed, the court will schedule hearings where both sides can present evidence and arguments.
- Both parties engage in discovery, exchanging documents and information, including depositions, to gather evidence supporting their positions.
- Often, parties are encouraged or required to attempt to resolve their dispute through mediation before proceeding to trial.
- If mediation fails, the case will go to trial, where a judge (and sometimes a jury) will determine the validity of the will based on the evidence presented.
- If the court’s decision is unfavorable, you may have the right to appeal to a higher court, challenging the decision based on legal errors or procedural issues.
Contact a Dedicated New Jersey Estate Litigation Lawyer
Don’t face a litigated estate matter without a competent Bergen County estate litigation lawyer in your corner. Contact The Law Offices of Colin M. Quinn today.
