Experienced New Jersey Attorney Litigates Probate Disputes

DEDICATED LAWYER REPRESENTS CLIENTS IN new jersey DURING INHERITANCE CONFLICTS

Elliott Joffe, Esq. advocates on behalf of clients in the Clifton area and throughout New Jersey who want to ensure that property and wealth are handled in accordance with the desires and instructions of the deceased. If you suspect that a will is fraudulent or invalid, or that an estate is being mismanaged, you have a right to seek remedy in court. Similarly, estate administrators facing accusations of incompetence or unlawful conduct are entitled to vigorously defend themselves. I represent beneficiaries and executors in estate litigation, seeking favorable resolutions to disputes.

INFORMED New Jersey ATTORNEY GUIDing CLIENTS THROUGH WILL CHALLENGES

There are several bases for challenging a will. Whether you are alleging misconduct or accused of it, it is important to understand the legal reasons a will may be challenged:

  • Lack of capacity — This ground alleges that the testator, the person who signed the will, was not of sound mind at the time the will was created.
  • Undue influence — A will might be invalid if a person with access to and power over the testator used emotional manipulation to gain special consideration in the will.
  • Fraud — This ground alleges that the person who signed the will was deceived about the contents of the document at the time it was drawn up.
  • Void for vagueness — This ground asserts that the terms of the will are open to conflicting interpretations, and it is impossible to know which interpretation is correct. A challenger can seek to prevent all or part of the will from being implemented.

Many probate disputes stem from suspicions that a particular individual took advantage of the deceased and was included in the will to the detriment of the rightful heirs. While the court looks harshly on elder exploitation, all challenges must be supported by reliable evidence. I advise clients on their will challenges and work to resolve issues favorably.

ACCOMPLISHED COUNSELOR HELPing WITH CLAIMS OF EXECUTOR MISCONDUCT

Executors have a fiduciary duty to manage the assets of an estate according to the decedent’s wishes, for the benefit of the beneficiaries. The fiduciary must act in total accordance with the terms of the will so that assets are not lost due to waste, fraud, misallocation or mismanagement. Beneficiaries may challenge alleged misconduct and demand a full account of a fiduciary’s actions. At Elliott Joffe, Esq., I have experience on both sides of probate controversies.

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