TRUSTS AND ESTATE LITIGATION

An empathetic approach to the difficulties inherent in family members litigating against one another.

Disputes concerning trusts and estates can 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. In addition, when an elder relative needs round-the-clock care, it can be both expensive and emotionally draining for the caregivers.

This can draw out the worst in people who otherwise have the best of intentions; it can fracture a family. It is important to retain counsel who not only understands the law, but is also sympathetic to the emotional toll involved.

Our Firm has experience in preparing succession plans for a variety of industries and professions. This includes everything from law firms to inventory-based businesses. We welcome the opportunity to provide such representation for any business or profession that requires succession planning, such as healthcare, construction, non-profits and houses of worship.

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The firm’s trusts and estates litigation practice includes disputes relating to the following:

The testator’s “donative intent” in a last will and testament;
The meaning of the authorization provided in a living will, health care proxy or power of attorney;
A trustee’s obligations to estate creditors concerning priority of payment;
The elective share statute which protects a surviving spouses’ right to inherit as contrasted with the protections afforded through prevailing matrimonial law;
The requirements of special needs trusts that must be enforced to protect the growing population born with—or acquiring—physical or mental deficits;
The challenges for same-sex married couples wishing to leave money to their spouses after the Supreme Court’s ruling in United States v. Windsor, 570 U.S. 744 (2013); and

The potential for alternative dispute resolution (ADR), such as mediation or arbitration, to resolve family disputes over these issues.

Looking for advice?

We're here to help.

Contact the Nissenbaum Law Group to schedule an appointment at 908-686-8000 or feel free to use the following form to e-mail us. Please include as much information as you can to ensure that we are able to handle your request as quickly as possible.

Looking for advice?

We're here to help.

Contact the Nissenbaum Law Group to schedule an appointment at 908-686-8000 or feel free to use the following form to e-mail us. Please include as much information as you can to ensure that we are able to handle your request as quickly as possible.

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