Here at Laddey Clark & Ryan, LLP, our Sussex County estate litigation lawyers have extensive experience handling a wide range of estate-related disputes, and we stand ready to put that experience to work for you. Contact us today so we can assist you.
Common Reasons for Estate Litigation
There are many reasons why estate disputes arise, often causing significant stress and conflict among family members. Some of the most common reasons for estate litigation include:
- Contested Wills: Beneficiaries or potential heirs may contest the validity of a will, claiming it was executed improperly, signed under undue influence, or created when the testator lacked mental capacity.
- Breach of Fiduciary Duty: Executors, trustees, or personal representatives have a duty to act in the best interests of the estate. Disputes often arise when they are accused of mismanagement, self-dealing, or failing to distribute assets according to the terms of the will.
- Inheritance Disputes: Family members may argue over the interpretation of ambiguous provisions in a will or believe they are entitled to more than what was left to them.
- Undue Influence or Fraud: If someone believes the deceased was coerced, manipulated, or defrauded into changing their will or trust, they may seek legal action to challenge the validity of those changes.
- Lack of Testamentary Capacity: Heirs may allege that the deceased lacked the mental capacity to understand the decisions they were making when they created or modified their estate plan.
- Disputes Over Non-Probate Assets: Certain assets, such as life insurance policies, retirement accounts, or jointly owned property, pass outside of probate, which can lead to disagreements among beneficiaries about how these assets should be distributed.
- Failure to Account for Assets: Executors or trustees have a responsibility to keep accurate records of all estate assets. Disputes may arise if beneficiaries feel assets have been hidden, undervalued, or improperly distributed.
- Family Conflict: Long-standing family tensions can surface during the administration of an estate, leading to disputes over even minor estate-related decisions.
How Can I Resolve an Estate-Related Dispute?
Resolving estate-related disputes requires careful navigation of legal complexities, and having an experienced estate lawyer by your side is crucial. Several methods can be used to resolve such disputes:
- Negotiation: Many estate disputes can be settled through direct negotiation between the parties involved, with the guidance of their attorneys. Skilled estate lawyers can facilitate discussions and work toward a mutually agreeable resolution without the need for court intervention.
- Mediation: In mediation, a neutral third party helps the disputing parties reach a settlement. Mediation is often less adversarial than going to court and can preserve relationships while still achieving a fair outcome.
- Litigation: If negotiations or mediation fail, litigation may be necessary. An experienced estate litigation attorney can represent your interests in court, presenting evidence to support your case and challenging any opposing claims.
- Arbitration: Similar to mediation, arbitration involves a neutral third party who listens to both sides of the dispute and makes a binding decision. This process is often faster than litigation and can provide a more private resolution.
- Alternative Dispute Resolution (ADR): Besides mediation and arbitration, other ADR methods may be used, such as collaborative law, which encourages cooperation between parties to reach a settlement without going to trial.
- Court Intervention: When all other options fail, or if there are urgent issues such as mismanagement of assets, a court may need to intervene to resolve the dispute and ensure the estate is administered according to the law.
Contact Our New Jersey Estate Litigation Lawyers
Don’t face a litigated estate-related matter on your own–hire the skilled Sussex County estate litigation lawyers here at Laddey Clark & Ryan, LLP. We stand ready to effectively represent your interests and ensure your loved one’s wishes are carried as they intended. Contact us today.
