If someone dies intestate (without a will), or even with a will, disputes may arise regarding estate management. Unfortunately, litigation is often the only way to resolve these conflicts.

When parents die without having left a will, disputes may arise between the children. When a will is present, its validity may be questioned, or conflicts may ensue about the fairness of asset distribution. Suspicions may arise regarding a trustee’s decisions or intentions, which would result in a fiduciary breach of trust. These are some of the common situations that can require legal intervention, leading to estate litigation.

A will is a legal document that coordinates the distribution of your assets after death. Generally, an executor is named to carry out the provisions of the will. Beneficiaries will sometimes contest a will, challenging its validity and/or its terms.

Reasons for a will being contested and deemed invalid may include ambiguous words or false information. Or, a beneficiary may claim that the will was written under coercion or by someone who exerted undue influence on the writer. Even when a will is correct, beneficiaries may allege that the executor did not carry out his or her fiduciary duties properly.

If you are contesting a will or wondering if you have reasonable cause to do so, it’s best to consult an experienced estate litigation attorney. Alex M. Hilsen, attorney and partner at Sussan, Greenwald & Welser, is highly qualified to help protect your legal interests in a will contest.

During the probate process, a person’s will is validated and carried out according to the terms it lays out. A will usually set guidelines for administering the deceased person’s estate, including belongings and money they may have held. When beneficiaries fight over entitlement to funds, this creates a problem during the probate process.

Circumstances leading to a probate dispute are varied and complex, and each case is unique in character. Some of the more common questions leading to probate disputes include:

• Has the executor mismanaged the estate?

• Was the person in sound mind when the will or trust was drafted?

• Does it appear that some part of the will or trust was forged or illegitimate?

If you suspect that a loved one’s New Jersey will or trust is questionable in some aspect, it is advisable to seek guidance from an experienced attorney. Our attorney and partner, Alex M. Hilsen, is highly qualified in probate dispute matters. Mr. Hilsen will provide the professional help you need to pursue your interests during this difficult time for you and your family.

Inheritance disputes can be an upsetting time for families. Some beneficiaries want to pursue the largest inheritance possible and will remain adamant in their claims. In such cases, disputes will most likely be settled through litigation.

Here are some of the common reasons for probate disputes among beneficiaries:

• When the division of assets is unequal

• A will or trust may be misinterpreted

• If it is thought that a new spouse coerced the will writer

• Siblings/heirs have used undue influence to cut others out of the will

Inheritance disputes are an added stressor during a stressful time, but sometimes they cannot be avoided. Anyone who is involved in a probate dispute will want to consult a highly qualified probate attorney like Sussan, Greenwald & Wesler’s Alex M. Hilsen to advocate for their interests.

Disputes among beneficiaries…
…often occur in the beginning stages of the probate process. Whether the dispute involves a will or a trust, conflicts over the division of assets can be divisive. Those unyielding in their efforts causing the disputes force other beneficiaries to have a probate lawyer intervene on their behalf.

At Sussan, Greenwald, and Wesler our skilled attorneys are prepared to help a beneficiary or an executor involved in a beneficiary dispute. If you are involved in a similar situation in New Jersey, our highly skilled lawyers can help represent your legal interests.

Causes for Disagreements

Every probate or trust administration case is unique. Some of the more common causes for disagreements include:

• Mismanagement of finances by the fiduciary

• Denial of payment by the fiduciary

• Misinterpretation of the will or trust

• Inheritance disputes

No matter what the causes of your beneficiary dispute, it is prudent to seek the help of a skilled, experienced attorney.

The probate process is almost never easy. All too often, conflicts arise between those managing the deceased’s estate, family members and executors. Probate litigation may be necessary to resolve these disagreements. It can be a complex, emotionally charged process that in the worst scenarios can strain, or even break, family ties.

Common situations leading to probate litigation include:

• Differences in will interpretation

• Questions about a will’s legality

• Challenges to executor status

• Perceived unfairness of asset division

Whatever the circumstances, if you are considering initiating probate litigation, you will want to seek the advice and counsel of a professional probate litigation attorney like SGW’s Alex M. Hilsen. Mr. Hilsen will help to fully and fairly protect your interests as you navigate through this difficult process.

Trusts are complicated legal vehicles for the purpose of providing financial support for the benefit of others. But when a beneficiary feels they are not being treated fairly by the trust, conflict may arise and result in litigation.

There are many causes of trust litigation, but some of the most common are questions about the legality of a trust or differing interpretations of its terms. Litigation often ensues if someone alleges that trust funds have been misappropriated by a trustee.

Concerns about how a trust was formed may include questions about the mental stability of the person setting up the trust, deceptive practices or intimidation, forgery, or future revocation of the trust.

If you or someone you know is involved in trust litigation, you will want to seek a professional evaluation of your trust matters by a qualified attorney. Trust litigation can be a bumpy road that you should not try to travel on your own. A skilled legal professional like Alex M. Hilsen, attorney and partner at Sussan, Greenwald, & Wesler, is fully qualified to help ensure that your interests are upheld during the process.

What is a fiduciary?
A fiduciary is given the power to act on behalf of the interests of another. In a fiduciary relationship, the fiduciary may not personally benefit from their situation or profit at the expense of the beneficiaries.

Some examples of fiduciary relationships:

• Executor for an estate

• Trustee for a trust

• Lawyer for client

• Company executive for a company

• Power of Attorney designee for an individual

When might fiduciary litigation be needed?
Sometimes a beneficiary may claim that an executor or trustee is mishandling the assets of an estate or trust, either from intentional acts or from simple negligence. Likewise, a fiduciary may believe they are unfairly accused of failure to act in the best interests of beneficiaries. These kinds of disputes are likely to lead to litigation.

How can a fiduciary litigation lawyer help when things go wrong?
Whatever the cause, if you’re involved in a fiduciary dispute, it’s time to consult a professional fiduciary litigation lawyer to represent your legal interests. As a partner and estate planning Attorney at Sussan, Greenwald and Wesler, Alex M. Hilsen is ready to use his expertise and experience to guide and protect clients and their families, through the often fraught arena of fiduciary litigation.