Trust & Estate Litigation
Lawsuits concerning trusts and estates may implicate a wide range of scenarios: from beneficiaries under a will disputing their respective shares to trustees seeking guidance regarding accounting for trust assets; from whether an unwitnessed will can be probated to whether funds were prudently invested in accordance with fiduciary obligations. This sort of litigation is often emotionally-charged and resource intensive. It is important to retain counsel who not only understands the law but is sympathetic to the emotional toll involved.
Trust and estate law is constantly in flux. For example,
- while earlier precedent held that wills had to be signed in strict accordance with legal
- guidelines, the modern trend is sometimes to look behind the formalities to ascertain the testator’s
“donative intent”. NJSA 3B:3-3;
- the law respecting a trustee’s obligations to estate creditors imposes a duty concerning priority
- the elective share statute which protects surviving spouses’ right to inherit often must be
read in conjunction with the protections afforded through matrimonial law. NJSA 3B:8-1;
- the alarming increase in the population born with physical or mental concerns has resulted in
a corresponding rise in the number of special needs trusts that must be enforced to protect
- the Supreme Court’s ruling in United States v. Windsor has changed the landscape for same
sex married couples wishing to leave money to their spouses; and
- the trend in the law to divert litigation matters into an alternate dispute resolution (ADR)
posture is changing how trusts and estates disputes are resolved.
The Nissenbaum Law Group has made this area of the law a priority. Consequently, the firm welcomes matters relating to trusts and estates litigation.