Estate Litigation in Atlantic County, New Jersey
Estate Litigation, It’s All We Do
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Why Hire an Experienced Atlantic County Estate Litigation Lawyer?
Estate litigation matters are highly technical and extremely complex. Why hire a general practitioner or an attorney who only dabbles in estate litigation?
Our areas of Practice:
Our experienced litigation team focuses only on estate litigation. We don’t dabble in other areas. We provide our Atlantic County clients with experienced, high quality, trusted legal counsel. Our estate and trust litigation attorneys have years of experience representing both sides should a dispute arise between the beneficiaries of an Atlantic County trust or estate and the fiduciaries – trustees, executors or administrators. Our practice in Atlantic County includes but is not limited to the following types of litigation:
Representing You During Trust, Estate and Fiduciary Litigation in Atlantic County
Will Contests and Will Challenges: A Atlantic County will can be contested in the Atlantic County Surrogates Court by interested parties when the scrivener was under undue influence, when the will is a forgery, if there was fraud, or if the person lacked capacity to sign the will. Read more about will contests and will challenges.
Accountings, Compelling and Defending:
To obtain a full release of liability, an Agent under an Atlantic County Power of Attorney, an Executor or Administrator of an Atlantic County Estate or a Trustee of an Atlantic County situs Trust must either be released by the beneficiaries or obtain a release from the Atlantic County Surrogates Court. Typically, the fiduciary will have an informal accounting and releases drafted by an Atlantic County attorney, which is then circulated to all interested parties. If the Beneficiaries will not sign the release, then in order for the fiduciary to be released, he or she must file a formal accounting. This Accounting must be served on all interested parties and submitted for review by the Atlantic County Surrogates Court. Typically, the interested parties will have the formal accounting reviewed by an Atlantic County attorney experienced in estate matters review the accounting, and advise them. If the formal accounting does not satisfy the concerns of these interested parties, then they will have their Atlantic County attorney file Objections to the Accounting. By filing Objections to the Accounting the Beneficiary then obtains the right to appear in front of the judge to dispute the actions taken by the Agent, Executor or Trustee.
Often beneficiaries of Atlantic County estates and trusts will retain our firm to represent them, even if there is no immediate need to file a cause of action in the Atlantic County Surrogates Court. Unless you have years of experience with the rules and procedures surrounding an Atlantic County a estate or interpreting an Atlantic County situs trust, you will likely find this area strange and confusing.
At one time the beneficiary of an Atlantic County estate or trust had view if any rights, and executors and trustees held the upper hand. This has changed.
Breach of Fiduciary Duty:
Under Atlantic County law, a fiduciary is a person or professional entity, such as a bank, who holds a special relationship of trust and responsibility to anther person. Typical examples of fiduciaries are executors, personal representatives, administrators, trustees and agents. If a person or entity has agreed to take on the position of fiduciary, then they are held to have a duty to execute the responsibilities of that position. If you believe a fiduciary has abused his or her powers or has not carried out his or her duties, and this has resulted in harm or financial loss, you can have our Estate Litigation Attorneys bring them before the Atlantic County Surrogates Court, where they will have to defend and explain their actions.
Breach of Fiduciary Duty; Advising Fiduciaries to Prevent Claims:
You may be considering taking on the responsibility of serving as an Atlantic County based Executor, Trustee or serving as the Agent under an Atlantic County based Power of Attorney, or you may already be serving as such a fiduciary. Likely, you are willing to take on this job to help a friend or family member, but by taking this job you open yourself up to claims of Breach of Fiduciary Duty and potentially open yourself up to personal liability. In general, Atlantic County Agents, Executors and Trustees are allowed to use the assets under their control to hire an attorney to advise them to help avoid traps and pitfalls inherent in the job.
If you feel that a forged will, or a will created under undue influence or executed when the deceased person was incapacitated will be filed with the Atlantic County Surrogate, you have the ability to retain Atlantic County estate litigation attorney to file a Caveat, which will prevent the will from being accepted by the Atlantic County Surrogate.
Co-Executor, Co-Administrator and Co-Trustee Disputes:
It has become common for Atlantic County Estates to have co-executors or co-administrators. It has also become common for Atlantic County situs Trusts to have co-trustees. Modern communication allows co-fiduciaries to handle matters from great distances by using overnight mail, faxes, and email to accomplish tasks in days that once took weeks. While most Atlantic County co-executors, co-administrators and co-trustees work together without conflict, sometimes disputes arise requiring each fiduciary to retain his or her own attorney.
It is a sad but true reality that when persons are weakened by age, infirmity or mental health, others around them sometimes take advantage of this weakened state. Sadder yet, the people who most often abuse the trust of others are family members, friends and even attorneys or members of the person’s church. If you believe the assets of an Atlantic County resident, such as a bank account, deed or personal property such as jewelry have been obtained improperly from a weakened person, especially in the last months of their lifetime, our experienced Atlantic County Litigation Attorneys can bring an action for Fraudulent Transfer for you in the Atlantic County Surrogates Court.
Guardianship and Incapacitated Person Hearings:
Age or disease might affect a person so they are no longer able to make their own financial decisions or even make the most simple decisions about their own care. If that person resides in Atlantic County, a concerned person can retain one of our Atlantic County Litigation Attorneys to petition the Atlantic County Surrogates Court to have a Guardian of the Person or Guardian of the Estate appointed to care for the incapacitated person with the court’s oversight.
Powers of Attorney, Challenging:
If you feel that the person trusted with an Atlantic County Power of Attorney has abused that power through misuse of authority, self-dealing, theft or embezzlement, or if you feel that the power of attorney was obtained through undue influence or from a person was incompetent to execute the power of attorney, then you have the right to retain an attorney experienced with Atlantic County estate litigation to bring that person before the Atlantic County Surrogates Court.
Powers of Attorney, Defending:
If you have accepted the position of Agent under a power of attorney then you have also accepted the possibility that an interested party will question what you have done with that power. You may have been the most honest Agent possible, but you may still be required to defend your actions in court. Because of that legal responsibility, and the danger of being surcharged from your own funds for actions you took as agent, you may wish to retain one of our lawyers, experienced in Atlantic County estate law, to advise you.
Probate in Atlantic County begins with the Atlantic County Surrogate. If a deceased Atlantic County resident had a will, then the person who is appointed by the Surrogate is called an Executor. If the deceased Atlantic County resident had no will, then the Surrogate is charged to select from the eligible persons an Administrator to administer the estate. If the terms of the will are vague, or if there is no will, then a dispute might exist between the interested parties as to who should serve as the executor or administrator. This dispute might lead to a hearing with the Atlantic County Surrogate. Our Atlantic County Litigation Attorneys regularly represent parties in hearings before the Atlantic County Surrogate.
Spousal Right of Election:
Under New Jersey law a surviving spouse cannot be disinherited except under certain circumstances. In most cases, a surviving spouse of an Atlantic County deceased has the option within a limited time to claim a right for a spousal election.
Removal of Trustees and Executors:
If a beneficiary or other interested party believes that a Trustee of an Atlantic County situs Trust or the Executor of an Atlantic County Estate has not fulfilled his duties or obligations, or has committed a Breach of Fiduciary Duty, he or she can have one of our experienced Atlantic County Litigation Attorneys file a removal petition with the Atlantic County Surrogates Court.
A Trust Reformation is that actual changing of the trust’s terms. Changing the terms of an Irrevocable Trust is a complex matter that could have several unexpected results, so it should not be attempted by anyone without a complete understanding of the various Federal and New Jersey tax ramifications as well as New Jersey trust law and asset protection aspects of trusts. This is not something learned quickly or easily, it takes years of study and practice to fully understand. If you are the trustee or a beneficiary of an Atlantic County trust that is not providing the intended benefits envisioned by its grantor, our Atlantic County attorneys focus their entire practice on Trusts and Estates matters, and have years of experience with reformation of Atlantic County Trusts.
Will and Trust Construction:
In Atlantic County estate litigation, sometimes the dispute is not over the validity of a will or trust, instead it is a dispute over the terms of the will or trust. Badly drafted wills and trusts ofAtlanticten have ambiguous terms that can cause confusion and disputes. These disputes are heard in the Atlantic County Surrogates Court.
Wrongful Death Claims:
We work closely with Atlantic County executors who bring wrongful death claims on behalf of the deceased. The actual law suit is handled by attorneys who specialize in wrongful death suits, but these attorneys rarely also specialize in the complex tax matters and with the delicate and complex settlements that must take place with the eventual settlement funds. The executor is well advised to have an Atlantic County Lawyer well versed in estate matters to advise them, to help avoid tax traps and conflicts with the beneficiaries.
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