Estates & trusts litigation may be triggered by heirs or beneficiaries disputing the meaning of the provisions in a will or trust document and how those provisions affect their right to inherit or receive property from an estate or trust.

Claims of breach of fiduciary duty in estates & trusts litigation allege that an executor or administrator of an estate or a trustee of a trust acted in their interest rather than in the interest of the estate or trust or failed to carry out the intent of the testator and disregarded beneficiaries’ interests. Allegations of other wrongful acts on the part of an executor or trustee could include self-dealing, excessive fees, embezzlement, accounting irregularities, and commingling funds, for example. We defend executors and trustees against allegations of breach of fiduciary duty and other wrongful acts. In other circumstances, we bring cases on behalf of beneficiaries against executors and trustees who breach their duties.

A claim of undue influence alleges that a will or trust is invalid because it was created by a testator who was persuaded by another party to favor that party’s interests over their own free will.

Also known as living trusts, these legal devices are executed and take effect during the settlor’s lifetime and often continue after death. In addition to disputes over the trustee’s administration of the trust, litigation can also focus on other issues such as the settlor’s intent, effect of the trust in protecting assets from creditors, tax matters related to the trust, questions regarding the trust’s validity, proposed modifications to the trust, and much more. Our lawyers are skilled at handling issues that arise from inter vivos trust disputes. We are ready to represent the interests of any aggrieved party involved in a trust dispute.

New Jersey law allows beneficiaries, settlors, co-trustees, or the court itself to initiate proceedings to remove a trustee from their role. Parties may seek removal of trustee for several reasons, including embezzlement, waste, incapacity, failure to cooperate with co-trustees, failure to provide an accounting, and others. Our firm defends trustees targeted for removal in some situations. In other cases, we assist interested parties as they seek to remove a trustee for cause.

An individual must possess testamentary capacity to execute a will, trust, or other similar documents. Testamentary capacity is defined as understanding one’s life and the nature and extent of their property, the ability to identify the parties one wishes to leave their property to, and the ability to understand how a will or trust affects their property and the ability of their heirs and beneficiaries to inherit. A will or trust executed by someone who lacks testamentary capacity is considered invalid and unenforceable.

Litigation alleging trust fraud may involve claims that a trust was set up by a grantor to hide money from parties that may be entitled to that money – such as creditors, the IRS, or state revenue agencies – or to hide money in a divorce or child support proceeding. Claims of trust fraud may also allege wrongful acts by a trustee, including stealing money from the trust, charging excessive fees, or engaging in fraudulent accounting to hide evidence of theft or loss of trust principal because of poor investment decisions by the trustee. Our attorneys defend trustees on allegations such as these. In other situations, we represent individuals pursuing trust fraud claims.

Legal disputes may also arise from powers of attorney, including litigation to determine the validity of a power of attorney, the scope of authority granted under a power of attorney, and whether an individual misused their authority under a power of attorney to benefit themselves or a third party at the expense of the principal.

Estate litigation may arise from issues that occur during probate, such as failing to gather all the assets that a decedent owned, procedural or legal obstacles to putting title to assets in the name of the estate, complaints about the expenses incurred in estate administration (such as hiring lawyers or accountants), or disputes over the estate accounting. Our lawyers are equipped to represent parties on either side of these disputes.

Will contests occur when a beneficiary, a purported beneficiary, or another interested party challenges a will’s validity. A will’s validity may be challenged on the grounds that the will was not properly executed, that the decedent lacked testamentary capacity to execute the will, or that the decedent executed the will under duress, undue influence, or fraud. A will may also be challenged on the grounds that it was revoked or that the will contains mistakes and does not accurately reflect the decedent’s true intent. Our lawyers can effectively represent parties on either side of a will dispute.

Beneficiaries under a will or a trust may file suit to claim that they have not received the inheritance or payments they believe they are entitled to under the will or trust. Beneficiaries may also allege that an administrator or executor of an estate or a trustee is improperly withholding or delaying payment of distributions and may file suit to compel those distributions.

The creditors of a decedent, trust grantor, or trust beneficiary might initiate litigation to reach the assets of an estate or a trust to satisfy that debt, even if they may not have the right to seize those assets under New Jersey trusts & estates law. Creditors might also allege that a trust or other estate planning mechanism was created solely to fraudulently transfer assets out of their reach.

You should select legal counsel with an outstanding reputation in the community. At Pellettieri Rabstein & Altman, our New Jersey estates & trusts litigation lawyers have earned the respect of our clients as well as judges, surrogates and our peers in the legal profession. Four out of five new clients to our firm found us through word-of-mouth referrals from friends, family, co-workers, and other lawyers.

It can be hard to predict the course of your estate or trust litigation or what challenges and obstacles may arise. Estates & trusts litigation is a highly specialized area of the law. You need a law firm that has seen it all, has extensive experience in a wide range of estates & trusts matters, and has handled complex cases. If things get complicated, you know your attorney is up to the task. Pellettieri Rabstein & Altman has been serving clients throughout New Jersey since 1929. Over the past century, our attorneys have won significant settlements, verdicts, and decisions in landmark cases in trial and appellate courts.

You also deserve legal representation that has the resources to handle any complexities in your estate or trust litigation matter. Although we at Pellettieri Rabstein & Altman consider ourselves a mid-size firm, we have the big-firm resources to pursue even the largest and most complex litigation. Our legal team has in-depth knowledge of the laws controlling estates & trusts matters. Several of our attorneys have accounting backgrounds and also hold Master of Law in Taxation degrees.