Probate or Estate and Trust Dispute
Contact Fredrick P. Niemann, Esq., an Experienced Attorney in Dealing with both Probates and Estates/Trusts.
When it comes to probates and trusts, heated arguments often take place among family members. One beneficiary of the estate (property being divided) often feels as though the executor, trustee, personal representative, or whoever is responsible for dividing the estate is not treating them fairly. If this is the case, do not worry. Fredrick P. Niemann, Esq. has represented numerous clients in your position, often getting a quality, efficient result with minimal hurt feelings.
"I live in Ohio. Mr. Niemann’s office came recommended to me after researching attorneys in New Jersey. We selected his firm. Mr. Niemann and his associate, Lauren Bercik, treated our matter professionally and diligently. I was very satisfied with the legal services performed on our behalf."
—Nick Petrini, Pickerington, OH» Read more testimonials
WHAT DOES THE ATTORNEY ACTUALLY DO IN THESE SITUATIONS?
While some attorneys may sit around and simply look over paperwork to make sure everything looks up to speed, Mr. Niemann is helpful in all aspects of the process, since he has done it countless times before. His office will help you through the entire procedure of administering the final estate, being by your side every step of the way. This may involve many steps, including collection of the assets, calculation and payment of estate taxes, probate of the estate, and distribution of any remaining assets. It is important that you are represented throughout every phase to ensure you get exactly what you are entitled to.
In addition to advising you on significant aspects of a trust or probate, an experience attorney is important to make sure you are not taken advantage of. There are often delays in the process due to self-dealing and conflicts of interest. People may disagree as to the actual intentions described in the will or may attempt to influence the appointed distributor of the estate in an improper way. A knowledgeable attorney in the probate and trusts fields will make sure you are not taken advantage of and receive everything that you deserve. Do not risk missing out on what is rightfully yours. Visit http://www.njestateadministrationlawyer.com/ to learn more.
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Will and Trust Contests
Heirs of a will or trust often object to even the clearest and best-made documents. Conflicts can arise before or during the administration of the estate. Here are some examples of disputes that may arise:
Validity
Every person has the right to create a will or trust. They are entitled to dispose of their property as they wish, free of influence and without regard to anyone else’s opinion on how it should be done. These wishes will always be honored, so long as the will or trust is valid. However, if the will or trust is invalid for any number of reasons, the will can be set aside.
In order to set aside a will or trust, the persons contesting it must prove that it was invalid. This may be due to the deceased lacking the requisite mental capacity, the decease creating the will or trust under undue influence, fraud, or duress, or even because the will or trust was not properly executed. Properly executing a will required its testator (person whose will it is) to sign it in front of two witnesses, unless it is a holographic will written by the testator. These two witnesses must sign the will themselves and verify that they witnessed the testator actually signing the document. If they signed the will after and did not actually see the creator sign the will, it may be thrown out as invalid.
When a will is set aside, the court will often go back to a prior will or trust and institute the terms of such. If no prior valid will or trust exists, then the decedent’s estate will pass through the probate process as if there were no will at all.
Wills and trusts often contain “no contest” clauses. These discourage people from contesting the validity of the will, often with the goal to avoid fighting among family heirs. If the will does contain one of these clauses and you do in fact contest the validity of it, it is possible you may be disinherited due to the clause assuming you are wrong and the will is deemed valid. Visit www.njwillsattorney.us to learn more.
Breach of Fiduciary Duty
Executors and trustees owe a fiduciary duty to the heirs and beneficiaries of the decedent. A fiduciary duty consists of a duty of good faith and fair dealing, and a duty of competency. A fiduciary must always consider the best interests of the trust or estate before his or her interests. When an executor or trustee profits from his or her position, other than earning agreed-upon compensation, they may have breached their fiduciary duty. A failure to safeguard trust or estate assets that causes a loss to the heirs and beneficiaries may also be a breach of fiduciary duty. The heirs and beneficiaries damaged as a result can file a lawsuit against the executor or trustee. Under some circumstances, the executor or trustee can be held personally liable for the loss.
Failure to Account
Executors and trustees have a duty to keep all assets separate and identifiable. They must also account for all money coming in and out of the estate and report it to the beneficiaries. With probate estates, the court will not allow the probate procedure to finish unless all accounting is both complete and satisfactory. Trustees can be compelling by the court to provide such proper accounting and if they fail to do so, the court has the power to remove them from their position. Failure to keep estate property separate from their own is also breach of fiduciary duty.
Contract to Make a Will
A contract to make a will involves a person promising something to another upon their death, but failing to actually record such in a will. A prime example is when a parent promises something to their child upon death, but forgets to actually write it down in the will. Although generally all agreements to bequest property after death must be in writing, courts will sometimes enforce these promises under the rule of equity. In order to show such a promise should be honored by the courts, one must show that as the person the promise was made to, they changed their position in reliance of the promise and suffered a detriment as a result of the promise not being fulfilled. While this may sound complicated, it is actually quite simple. The following example illustrates a basic change of position in reliance on a promise and subsequent detriment suffered as a result of the promise not being fulfilled:
- Mom promises to one of her daughters that if she moves in and cares for her at home for the rest of her life, then that daughter would inherit the home. The daughter agrees. She gives up her job, sells her home and takes care of her mom around the clock for two years, giving up opportunities for employment and a social life. But after Mom’s death, the daughter discovers that her mother’s will divide the entire estate, including the home between all six children. In this case, the daughter may have a valid claim against her mother’s estate for a breach of contract.
I WANT TO CONTEST A WILL. WHAT SHOULD I DO?
Despite the fact that a person leaves a will with express terms, this does not guarantee that the property will be distributed accordingly. Courts allow opportunities for objectors to voice their opinions in challenging wills. They are allowed to tell the court about any inaccuracy or any reason why the will may be invalid. In these types of cases, emotions often get in the way of family members. It is hard to think clearly when your emotions are running wild. Therefore, it is crucial that you find a knowledgeable attorney who has dealt with these situations before. Fredrick P. Niemann, Esq. is sensitive and caring to your family situations, but will make sure you get what you deserve.
The attorneys at Hanlon Niemann have extensive experience in litigating and mediating family disputes. They are accomplished probate trial attorneys with extensive backgrounds in probate law and litigation. In any dispute, they will always first try to mediate the disagreement in a practical and responsible fashion. They prefer mediation and consolation when possible, so long as it is consistent with their client’s rights, goals, and instructions. However, if mediation will not achieve what you, the client, are looking for, they are not afraid to litigate and have years and years of experience in doing so.
If you have any questions regarding a will or trust, please do not hesitate to call Fredrick P. Niemann, Esq. Toll Free: (888) 800-7442 or email him at fniemann@hnlaw.com. He would be glad to assist you.