Resolving Estate Disputes
In a perfect world, a person’s will would always be legally valid and would be a reliable document that would give the final word on how assets are to be distributed. The reality can be much more complicated. Issues surrounding competency and whether a person is properly carrying out their duties when it comes to estate administration can quickly lead to conflicts. It is important to seek help from a lawyer who understands how to effectively resolve issues surrounding estate litigation and contested wills. At the New Jersey law firm of Taff, Davies & Kalwinsky, our attorneys represent executors, trustees and beneficiaries in matters involving estate litigation.
Potential Issues Involving Estate Administration
Some common issues that can lead to estate litigation include:
Ambiguous wording or meaning: Both language and the law change over time. What may have been clear and legally sound 50 years ago may be unclear now. We can help resolve issues concerning the meaning of estate planning documents.
The validity of a will: The meaning of a will may be perfectly clear, but sometimes there are concerns regarding whether a will is legally valid. These issues often arise if a person who is not of sound mind creates or makes changes to their estate plan, or if it is suspected that a person fell victim to the “undue influence” of another who compelled a change to an estate plan.
Failing to properly administer an estate: The person who is named the executor of the estate is responsible for administering the assets of the estate. Executors owe all other parties a fiduciary duty to carry out the terms of the will as written. When there is a failure to make appropriate accountings or to otherwise follow the instructions set forth in the will, disputes can occur.
We understand that emotions can run high during will contests and family relationships may be forever changed. That is why we work hard to help resolve disputes through negotiation whenever possible. However, we recognize that sometimes litigation may be the only way to solve a problem, and we are prepared to assert and defend your interests in court.
Contact Us To Find Out How We Can Help You
If you are involved in a dispute concerning a loved one’s will, we are here to help. Call our law offices in Toms River at 732-719-3924 or contact us online to schedule an initial consultation with our attorneys.