Strong Representation in Tough Estate Disputes

There are multiple parties involved with estate administration under Hackensack, 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 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 misappropriate 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;
• Heirs, beneficiaries, or the representative dispute paternity of an individual claiming to be an interested party; and,
• Many other circumstances.