Law Offices of Wenarsky and Goldstein, LLC: Your New Jersey Estate Litigation Lawyer

Facing estate disputes in New Jersey? The experienced estate litigation lawyers at the Law Offices of Wenarsky and Goldstein, LLC, can guide you through complex legal challenges, ensuring your rights are protected.

Experienced Estate Litigation Attorney in New Jersey

The death of a loved one can be difficult to handle. When family members disagree on issues such as the distribution of the deceased person’s assets or the validity of their will, the loss can be even more devastating.

Unfortunately, surviving family members or dependents of the deceased (decedent) in such circumstances may resort to dishonest or hostile behaviors, perhaps to secure their inheritance or gain some benefit from the deceased’s estate, further fueling the conflict. In such cases, the parties involved may be forced to resort to litigation and the court system to protect their rights and interests.

These types of cases can be both emotionally and legally challenging. They are also time-sensitive. So, if the above scenario sounds like your situation, it would be wise to get help from an experienced estate litigation attorney who can represent you throughout the court proceedings as soon as possible.

Successful estate litigation requires extensive legal knowledge and a deep understanding of the sensitivities that come with end-of-life issues. That’s the quality of service we offer at the Law Offices of Wenarsky and Goldstein, LLC.

Our experienced team can help you understand your legal options and manage the legal process on your behalf to bring you some relief in this difficult time. We are prepared to defend your interests in and out of court and work to ensure a favorable outcome for you.

Please read on to learn more about estate litigation in New Jersey and specific ways we can help.

What Is Estate Litigation?

Estate litigation refers to the court process used to resolve the complex legal disputes that may arise after a person’s death over their estate or estate assets.

The term encompasses lawsuits that involve 

  • Will Contests: Challenges to the validity or authenticity of a will or its terms if any party feels short-changed by them.
  • Trust Disputes: Disagreements over the administration or interpretation of trust documents.
  • Guardianship Issues: Legal contests surrounding the appointment of guardians for minors or incapacitated adults.
  • Breach of Fiduciary Duty Claims: Accusations against trustees, executors, or others who have a duty to act in the best interest of the estate or trust they administer.

These disputes are mostly based on allegations of 

  • Undue Influence: This implies that an estate planning document, such as a will, was made under coercion and does not represent the deceased’s true intentions.
  • Lack of Capacity: This questions whether the decedent was mentally fit to make estate planning decisions and execute the estate planning documents (including the will or trust) in contention 
  • Improper Execution: This means that there are concerns that the legal formalities for creating the legal instrument or document under contention were not followed.
  • Debt: The deceased’s creditors may initiate an estate action to recover the debts owed from their estate.

Regardless of the reason for the dispute, estate conflicts can significantly impact families and individuals emotionally and financially. In New Jersey, where estate laws can be complex, understanding the intricacies of the law is crucial to preserving the estate and protecting your rights.

As skilled estate litigation lawyers, we can provide strong legal representation to help navigate these disputes without stress. Our goal in each estate or probate litigation case is to help our clients achieve favorable results, secure their interests, and honor the intentions of their loved ones.

Our Role as New Jersey Estate Litigation Lawyers

As experienced New Jersey Estate Planning Attorneys, we have an in-depth understanding of the state’s estate laws, including those that cover

  • Estate planning documents such as wills and trusts
  • Intestate succession (when a person dies without leaving a will)
  • Estate and inheritance taxes
  • Estate administration and the statutory roles of executors and trustees.

Our knowledge and outstanding legal skills allow us to offer our estate litigation clients quality legal services to help them achieve the best possible outcome.

As part of our commitment to each client’s success, we offer top-notch legal representation in a variety of estate disputes, including;

  • Will and trust contests
  • Fiduciary litigation
  • Guardianship disputes.

Our dedicated team also has excellent courtroom skills to advocate for you and protect your rights throughout the litigation process.

Litigation can be expensive, and sometimes, it might not be the best option. If you are unsure whether or not to litigate, we can assess your case and provide honest feedback depending on your unique circumstances. If we determine that an out-of-court settlement would offer you the most benefits, you can trust us to negotiate with the other parties on your behalf and do all we can to help you achieve a peaceful resolution.

Whether it is a dispute over the validity of a will, the administration of a trust, or issues concerning guardianship, you can trust us to provide strong legal advice to help you make informed decisions about your case and represent you with diligence and empathy.

Contact an Experienced Estate Litigation Lawyer at the Law Offices of Wenarsky and Goldstein, LLC

When disputes arise within a family over wills, trusts, or estate management, it’s crucial to seek professional legal help. Estate litigation can be emotionally taxing, and our attorneys can provide empathetic support and intelligent strategies to navigate these challenges.

 We focus on delivering results that will place our clients in the most advantageous position possible. Therefore, we encourage anyone facing estate disputes or needing guidance through the probate process to reach out to us

We’re here to support you every step of the way, ensuring a thorough approach to your legal matters and peace of mind during a difficult time.

Frequently Asked Questions

What Is the Statute of Limitations for Estate Litigation in New Jersey?

By New Jersey law, the statute of limitations for estate litigation primarily depends on the specific type of claim. For example, a will contest must be filed within four months from the date of probate if you’re within the state or six months if you’re out of state. If you fail to act within that time, you may lose your right to file a lawsuit forever. Therefore, it is important to act quickly to resolve your estate dispute.

Can Estate Litigation Be Avoided?

The risk of estate litigation may be minimized or eliminated through comprehensive estate planning and the execution of well-drafted estate planning documents during the lifetime of the estate owner. 

As experienced estate planning attorneys, we can help individuals and families create a solid estate plan and appropriate documents that reflect their wishes for their estate and reduce the likelihood of disputes.

What Does Hiring an Estate Litigation Lawyer Cost?

The cost of hiring an estate litigation lawyer can vary based on the case’s complexity, the amount of time required, and the lawyer’s experience. As a reputable law firm, we consistently strive to provide transparent and fair pricing, ensuring our clients receive exceptional service and value.

For an accurate estimate tailored to your specific case, you are welcome to contact us directly.

Call the Law Office of Wenarsky & Goldstein

At the Law Offices of Wenarsky & Goldstein, LLC, our New York and New Jersey attorneys are experienced and knowledgeable in bankruptcy, estate planning and probate, guardianship, special needs planning, and real estate law. To learn more about how we can assist you with your legal needs, call us today at 973-453-2838.