Assertive Defense In Estate Litigation Throughout Bergen County

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 the 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 the 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 dispute the paternity of an individual claiming to be an interested party.

New Jersey Directives And Nonprobate Asset Disputes

Not every estate dispute starts with a will. Some disputes involve assets that pass outside probate. These may include joint bank accounts, transfer-on-death accounts, life insurance proceeds and 401(k) accounts with named beneficiaries. These assets may go straight to the named person, but that does not always end the dispute.

Problems may arise when a beneficiary change happened shortly before death. This can be a concern if the person was sick, weak or dependent on someone else for care. A caretaker, relative or trusted person may have pressured a dying parent to change an account or policy. If the facts suggest undue influence, fraud, lack of capacity or misconduct, you may need litigation to challenge the transfer. These facts matter because the asset may not pass through the will, but the transfer can still affect the estate.

Breach Of Fiduciary Duty And Executor Removal

An executor or administrator must act with care, honesty and loyalty. That person must protect estate property and keep beneficiaries informed. If the representative delays the case, refuses to share information or uses estate assets for personal gain, heirs and beneficiaries may have legal options.

Grounds for removal may include:

• Self-dealing: Using estate assets for personal benefit or creating a conflict of interest.
• Wasting estate assets: Letting property lose value because of delay, neglect or poor choices.
• Failure to provide an accounting: Refusing to share information about estate property, debts or distributions.
• Inability to serve: Becoming unable to handle the role because of physical or mental incapacity.

These disputes can be hard when the representative is a sibling, stepparent or close family member. Our lawyers can review the conduct, compare it with the representative’s duties and help decide whether you may need court action.

The Role Of The Bergen County Surrogate’s Court

Many Bergen County estate matters begin in the Bergen County Surrogate’s Court in Hackensack. This court handles many probate and estate administration issues. These may include wills, estate representatives and basic filings.

When a matter becomes contested, it may move to the Superior Court of New Jersey, Chancery Division, Probate Part. This may include will contests, executor removal claims, accounting disputes and nonprobate asset disputes. Because the process can become more formal once litigation begins, it is important to know where your dispute belongs. That step can shape deadlines, filings and the proof needed to protect your position from the start. Giro & Associates LLC can help you protect your rights in Bergen County estate litigation.

Frequently Asked Questions About Estate Litigation

Estate litigation involves complex legal matters that can be both challenging and emotionally draining. Below are answers to some common questions our clients ask when facing these difficult situations in Bergen County.

What is the process for appointing an estate administrator in the absence of a will?

When someone dies without a will in New Jersey, the court appoints an administrator following a statutory priority: surviving spouse or domestic partner first, then adult children, parents, siblings and other relatives. Interested parties must apply to the Surrogate’s Court in the county where the decedent lived. If multiple eligible individuals seek an appointment, the court determines who will serve. The appointed administrator must typically post a bond before receiving authority to manage the estate.

Who can contest a will?

Anyone with a financial interest in the estate can contest a will, including intestate heirs, beneficiaries from previous wills who received less in the current will or beneficiaries whose share was reduced. Valid grounds include improper execution, lack of testamentary capacity, undue influence, fraud or forgery. In New Jersey, will contests must generally be filed within four months after probate.

What rights do beneficiaries have in estate disputes?

Beneficiaries have the right to receive information about the estate administration, including asset inventories and accountings. They can request copies of estate documents and petition the court if they believe the executor is mismanaging assets or failing to fulfill fiduciary duties. Beneficiaries may also challenge excessive fees, object to proposed distributions or request the removal of an executor acting improperly.

What should you do if you suspect misappropriation of assets before the decedent’s passing?

If you suspect pre-death asset misappropriation, gather supporting documentation and consult an estate litigation attorney promptly. Potential remedies include filing for the return of assets to the estate, pursuing an action for constructive trust or seeking damages for undue influence or fraud. These actions must typically be brought within specific time frames following discovery.

Can an estate representative dispute a creditor’s claim?

Yes, estate representatives should scrutinize all creditor claims and may dispute those believed to be invalid, excessive or untimely. New Jersey requires most creditors to file claims within nine months of death. If a dispute cannot be resolved, the court will determine the claim’s validity after a hearing with evidence from both sides.

Contact A Skilled River Edge Estate Litigation 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.