Estate Litigation Lawyer in New Jersey
Unfortunately, arguments and disputes can sometimes arise in the administration of a trust or a probate estate. These disputes may occur among beneficiaries, between a trustee or other fiduciary and beneficiaries, or from third parties.
The Law Office of Tejas S. Kapadia has a record of successfully resolving these disputes using informal means or formal means. When litigation proves unavoidable, The Law Office of Tejas S. Kapadia have successfully prosecuted and defended their clients’ interests, both before the courts, mediation and in arbitration.
Our Trust And Estate Litigation Experience
The Law Office of Tejas S. Kapadia trust and estate litigation attorneys combine in-depth understanding of trust and estate law with substantial experience in litigation procedure and tactics. We provide a more expert, more efficient and more responsive approach. Whether it is probate or civil court, including appeals, our clients benefit from our experience in handling trust and estate litigation matters, in and out of the courtroom.
Our experience includes litigating trusts and probated disputes involving claims for breach of fiduciary duty, claims for beneficiary disputes, contested heirship, pretermitted and adopted heirs, disputed creditor claims, judicial construction and modification of wills and trusts, will and trust contests, will and trust validity, capacity, undue influence, contested powers of attorney, contested accounting, fraudulent transfers, partition actions, spousal right of election, wrongful death recovery, family and estate management disputes, conservatorships and guardianships, among other issues.
The Types of Probate Litigation
There are several grounds for contesting a decedent’s Last Will & Testament, including:
- Undue Influence – An undue influence claim challenges whether the person making the Will did so freely and without being coerced by a person who was in a position of trust and control.
- Lack of Testamentary Capacity – A lack of capacity claim is asserted based upon the belief that at the time the Will was executed the person making the Will did not have the requisite mental ability to understand a) the amount and nature of his property; b) the family members and loved ones who would ordinary receive such property; and c) how the Will disposes of such property.
The standard for “testamentary capacity” is not as high as general competency. A person need only understand the nature and extent of his assets and the natural objects of his bounty (his family). Lack of capacity can be the result of the natural aging process or the result of a person being on a substantial amount of medication, e.g. heavy morphine to treat end-stage cancer. Lack of capacity litigation relies on medical records and the irrational conduct of the testator prior to executing the Will.
In Addition to Will contests, probate litigation can involve
We understand that if you are considering an attorney then your matter is of extreme importance. Our response will be prompt, discreet and with the care and understanding that you deserve. Schedule an appointment with our Estate Litigation attorney now.
Call (201) 632-1529 or complete our online contact form to schedule a consultation.