Will Contests & Probate Litigation
PROBATE AND ESTATE LITIGATION LAWYERS SERVING ALL OF NEW JERSEY
Representing Beneficiaries and Heirs, Executors and Administrators
At the law office of Greenberg Minasian, LLC located in West Orange, New Jersey, we represent clients in most types of probate litigation, including Will contests.
If you are a beneficiary or heir to an estate and believe that you have been wrongfully denied a distribution under the estate, or that the estate has not properly valued your distribution, or that the will or trust was executed under conditions indicating undue influence, duress, or lack of competency, you are urged to contact an experienced probate litigation attorney.
If you are the executor or administrator of an estate and have been sued in a will contest or concerned you might be sued, we can help.
Even in cases involving comprehensive estate planning, conflicts often arise regarding the orderly distribution of a deceased’s estate. Heirs may challenge the valuation of property distributed through the estate. The will or trust itself may be challenged, with allegations that the document does not meet legal requirements, or that required formalities were not followed. A will or trust may also be contested based on allegations of undue influence or incompetence.
When disputes arise over an estate, an experienced trial lawyer can help you protect your rights and interests. The lawyers of Greenberg Minasian, LLC are experienced in state and federal courts throughout New Jersey. They can represent anyone in estate or probate litigation, including:
• Will contests
• Trust disputes
• Probate litigation
• Breaches of fiduciary responsibility
• Allegations of misconduct by fiduciaries or trustees
We also help people with estate administration (dispersing assets/final accounting and other issues). Probate and estate administration requires precise actions according to certain specific guidelines; if mistakes are made, you can open yourself up to litigation. For many people, probate can be a bewildering process, and our lawyers can help.
We Do Not Do Estate Planning
We concentrate on probate litigation and litigation prevention through careful probate administration. We do not set up wills, trusts, living wills, living trusts, etc.
What is Estate Administration?
Final administration of an estate involves many things: probate of the estate, collection of the assets, calculation and payment of estate taxes, and the distribution of remaining assets. A knowledgeable and experienced estate and probate litigation attorney familiar with NJ probate law can facilitate this difficult process in a timely and effective manner.
The estate is the total amount of property owned by the decedent at his or her death. Once a person dies, the estate is submitted to the probate court. If there is a will, the probate court will determine if the will is valid and then oversee the administration of the estate by the executor (the person appointed in the will by the decedent to oversee the estate). If there is no will or the will is determined to be invalid, the probate court will appoint an administrator and the decedent’s property will be distributed according to the state’s laws of inheritance. This process can be complicated and several things must happen during this procedure:
• The will must be proved to be valid or invalid.
• The property covered by the will must be verified.
• It must be determined how the property is to be distributed.
• Unpaid creditors of the decedent must be given the opportunity to file claims against the estate.
• Fees for administration of the estate must be approved and paid.
• The assets of the estate must be distributed.
An attorney experienced in probate and estate administration can help simplify this complicated process. The fact that a person leaves a will does not guarantee that property will be distributed according to the expressed terms in the will. A court generally must provide an opportunity to allow others to object to the will, and a challenge may be brought by anyone who feels the will is inaccurate or invalid in some way such as lack of testamentary capacity, undue influence and self dealing. These types of cases are difficult and emotionally charged, so it’s important to find an attorney with whom you feel comfortable and who is knowledgeable about such proceedings.
The executor is the person named by the decedent in the will to administer the estate. The executor has many important functions to complete, including:
• Gathering and inventorying all assets of the decedent
• Determining whether these assets are part of the estate
• Distinguishing those assets that are not part of the estate
• Appraising the assets
• Collecting any payments or debts owed to the estate
• Paying any debts owed by the estate
• Filing and paying local, state and federal taxes
• Distributing assets to the beneficiaries as stipulated in the will
The assets that do not have to go through probate and become available to the beneficiaries upon death of the decedent generally include:
• Property owned in joint tenancy with rights of survivorship
• Payment on Death (POD) bank accounts
• Transfer on Death (TOD) securities
• Life insurance proceeds
• IRAs, 401(k)s, and other tax-deferred retirement plan proceeds
The executor owes fiduciary duties to anyone who has an interest in the estate. This means that the executor owes a duty of loyalty and must act in the best interests of the estate. For example, if the executor mismanages estate assets and causes the estate to lose value, he or she can be held liable for those actions and may have to repay the amount of the lost value.
An important but sometimes neglected responsibility in administering an estate is to look for opportunities to preserve assets for distribution. Reducing estate taxes is one way that an estate can retain more of its wealth for the decedent’s heirs. Some of the other ways to accomplish this are:
• Consider whether administration expenses losses should be reported on the estate tax return or on the estate’s income tax return
• Consider whether there are income tax savings opportunities on the decedent’s final return Consider whether assets should be valued at the date of the decedent’s death or six months later.