Morris County, New Jersey Estate Litigation Lawyer
It’s not uncommon for wills, trusts, powers of attorney, and other testamentary documents to come under scrutiny. It’s also not uncommon for executors, trustors, and others to face accusations of wrongdoing or mismanagement. If you are facing any sort of issue prompting the litigation of an estate, our Morris County, New Jersey estate litigation lawyer is here to help. Contact Macri Law today.
Why You Should Hire an Estate Litigation Lawyer in Morris County, New Jersey
Whether you believe your loved one’s will is invalid, wish to contest any other estate planning document, or believe you’re being wrongfully accused of misconduct as an executor, you need an experienced estate litigation lawyer on your side. Without one, you risk either losing out on assets to which you’re entitled or facing certain significant penalties.
Any will must meet various criteria for it to be considered valid and enforceable. To start, the testator (the person creating the will) must sign the document in front of two witnesses, who will also then sign the document. Additionally, all testators must be over the age of 18 at the time of signing. All wills must be drafted without evidence of coercion, manipulation, or deceit.
So, for example, if a person is incapacitated and a beneficiary convinces them to change the terms of their will before passing on, it will most likely render the will invalid. Additionally, if it can be proven that a person was bribed or forced to alter the terms of their will, it will also be considered invalid. If you are a beneficiary who believes your loved one’s will was illicitly altered or crafted in some way, you may have grounds to contest the validity of the will.
When someone is appointed as a trustee, he or she is responsible for managing assets held in the trust according to the trustor’s wishes. If it is found that a trustee either doesn’t understand his or her job, thereby mismanaging the trustor’s assets by accident, or the trustee intentionally misappropriated assets held in the trust, it should give cause to contest the trust and the trustee’s position. Our firm can help ensure that all trustees clearly understand their responsibilities, and, on the flip side, that dishonest trustors are held accountable for their wrongdoing.
Contesting Powers of Attorney
When someone is appointed as attorney-in-fact under a power of attorney, he or she is responsible for fulfilling the principal’s (the person who creates the power of attorney) wishes, should they become incapacitated. In a financial power of attorney, a person can outline their wishes for how their financial assets should be managed upon incapacitation. In a medical power of attorney, a person can outline their wishes for medical treatment upon incapacitation. Our firm can help ensure you understand your responsibilities as an attorney-in-fact, and we can also seek justice if you believe your loved one’s attorney-in-fact is not acting in accordance with the power of attorney’s terms.
Contact a Morris County, New Jersey Estate Litigation Lawyer
The bottom line is if you find yourself in a situation where you’re either accused of wrongdoing or you wish to contest a will, trust, power of attorney, or another testamentary document, you can’t proceed without a competent legal team in your corner. Contact Macri Law Firm today to schedule your initial consultation with our firm.