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Estate & Trust Litigation

Administering an estate or trust is no simple or easy process, and sometimes the administration of the estate does not go as planned:

  • Not all assets can be accounted for 
  • The true intentions of the deceased are difficult to determine, or
  • A will may be suspected of having been prepared under suspicious circumstances.

Perhaps you are entitled to part of the estate, or a larger share of the estate, but have been denied your fair share. As an Executor, you may be asked to defend the validity of a will, or you may be a beneficiary of a trust where a trustee has absconded with the trust assets.

Our firm specializes in dealing with conflicts which arise in the administration of an estate or trust.  We have helped parties from both sides — fiduciaries and beneficiaries — find solutions to problems in an expeditious manner. Our knowledge and experience can be your greatest asset when faced with the complex and daunting prospect of estate litigation. 

Our attorneys are experienced in all aspects of estate and trust litigation and regularly appear in the Surrogate and Chancery Courts around the State. As a testament to our skills, attorneys in our firm have been appointed by Judges in this State to serve as Court appointed counsel, Court appointed estate administrator and Court appointed guardian in excess of 80 times in the last 10 years alone. 

Beneficiary Rights

If a deceased loved one has promised you property or assets prior to their death, you may have beneficiary rights. And whenever your beneficiary rights are violated, you can take legal action to ensure you receive the inheritance you are entitled to. We bring decades of experience protecting the rights of beneficiaries.

Fraudulent Asset Transfers

If you believe assets were improperly transferred by the fiduciary either to someone other than a named beneficiary or to the fiduciary himself / herself, we can help fight for your rights. We have even been able to recover assets transferred by the decedent before they passed away which were induced fraudulently. We bring decades of experience pursuing fraudulent asset transfer claims.

Will Contests

A Will contest is a type of lawsuit filed in the Surrogate’s Court to challenge the validity of a Last Will and Testament. We regularly represent heirs who feel they have been unfairly treated in a will or disinherited altogether.  We also represent executors who have an obligation and fiduciary duty to defend a Will filed for probate.

Fiduciary Litigation

Our experienced fiduciary litigation team is here to represent your interests whenever a conflict cannot be avoided. With each fiduciary litigation case, we draw on decades of experience protecting the interests of our clients. Our attorneys offer a vast range of experience representing fiduciaries defending claims of misconduct, mismanagement, fraud and negligence.

Trust Contests

Similar to a Will contest, a Trust contest is a type of lawsuit filed in the Surrogate’s Court to object to the validity of a Trust. We bring decades of experience both contesting the validity of Trusts as well as defending Trusts.

Who Pays The Legal Fees If I Raise A Reasonable Concern About The Validity Of A Will?

As long as you have a good faith reasonable belief the will is invalid, or is the product of duress or undue influence, or is the wrong will, the Court has the discretion to make the Estate pay your attorney’s fees even if you do not end up as the beneficiary. 

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Perskie Mairone Brog Barrera & Baylinson
Main: (609) 601-1775