Probate Lawyer

NJ Probate Litigation Attorney

When an individual dies, his or her assets will be distributed to their heirs or beneficiaries. Probate is the legal mechanism by which this happens.

Unfortunately, there are times when there is no will, or disputes arise in the administration of a will or trust that may require mediation or even lead to litigation. An experienced probate litigation attorney will help heirs, beneficiaries, executors, and trustees of the estate navigate the probate process to its best resolution possible. 

Christine Matus, a skilled probate lawyer, and her team of dedicated probate litigation attorneys are here to help. At Matus Law Group we understand the complex laws surrounding wills and trusts, probate administration, litigation, and disputes. For over two decades, the Matus Group has served the residents of New Jersey in matters of estate planning, elder law, and probate administration and litigation.

To speak with an experienced probate attorney call Matus Law Group (732) 281-0060 .

Our Lawyers Can Help With the Following Types of Probate Litigation

Probate litigation is the judicial process of challenging provisions of or resolving perceived injustices, wrongs, or objections regarding the will or trust of a loved one. At The Matus Group, our team of probate attorneys can address concerns about the administration of an estate, the provisions of a will or trust, and others, including:

  • Estate administration
  • Valuation and distribution of assets
  • Conservatorships and guardianships
  • Inheritance disputes
  • Probate and tax appeals
  • Accounting challenges
  • Creditor claims
  • Surcharge actions
  • Contesting a will
  • Contesting a trust
  • Contesting transfers
  • Intestacy issues
  • Trust actions
  • Trust reformation
  • Challenges to testamentary capacity
  • Fiduciary duty, malfeasance, and misconduct
  • Removal of fiduciary

We Are Here To Help

Skilled probate lawyers are invaluable in case of a contested estate. Whatever probate estate issues you are facing, we are here to help.

Call today to speak with a probate lawyer (732) 281-0060.

Forgery and Fraud

A will may be challenged when there is evidence that it was manipulated or misrepresented. Fraud can take many different forms and can be perpetrated by any number of different parties, including

  • The executor
  • A beneficiary
  • The administrator
  • A spouse 
  • A guardian
  • A trustee
  • An agent under a power of attorney

and others. 

In order to prove fraud, the courts must see ample evidence in the form of documentation and testimony which can require depositions and testimony from the parties involved as well as expert witnesses. 

Proving forgery and fraud can be a complicated undertaking requiring the skill of an experienced probate litigation attorney. At The Matus Law Group, our litigation lawyers have a fiduciary duty toward the client and will discuss your situation, your options, and walk you through each step of the way. Call now to learn more (732) 281-0060

Lack of Testamentary Capacity

With our current aged population, estate attorneys are seeing an increase in claims that the testator did not possess sufficient mental capacity in the drafting or execution of a will. Under New Jersey law, it is presumed that an individual is of sound mind when executing a will. However, there are times when a testator may suffer from mental incapacity or dementia. Often, the attorney drafting the documents will be left to make a judgment call when preparing a will for an older adult. 

Challenging the mental capacity of an individual requires expert testimony and medical records, as well as testimony from the witnesses to the document execution. These cases are complex, and in some cases, these issues may be resolved in the Supreme Court of New Jersey. Fortunately, the standard for mental capacity can be easily met if the individual comprehends what their assets are, who his or her heirs are, and an understanding of what the will is designed to do. To speak with an experienced probate lawyer and learn more about lack of testamentary capacity issues, call us today.

Get in touch:

The Matus Law Group is always here to help answer your questions – (732) 281-0060.

Undue Influence

Undue influence, when it comes to NJ probate law, is defined as any mental, moral, or physical coercion toward a testator that would cause him or her to do something different than what they would have normally done. Not all influences are legally considered undue. 

Undue influence claims require the proof of the following:

An individual applied significant influence over the testator.

That influence overpowered the testator’s free will and compromised his or her thinking.

That influence resulted in the testator executing a power of attorney, trust, or will that he or she would not have made otherwise.

Proving these allegations are difficult and require extensive evidence. It is important to get the legal advice and guidance of a probate litigation lawyer to discuss any matters of undue influence. To learn more call today (732) 281-0060.

What Are Probate Laws in New Jersey?

In the State of New Jersey, the probate process happens regardless of whether a person has a will or not. If there is a valid will, assets will be distributed according to that will. If there is no valid will, the courts will dictate how the assets are distributed. The courts will distribute the required documentation and dictate the responsibilities of the administrator and the personal representative. If there are neither, the courts will appoint them. 

Estate administration will vary depending on whether the deceased party had a valid will or other documents regulating the administration. 

Things that will be subject to probate are:

  • Property or real estate in his or her name or co-owned 
  • Bank accounts with no designated beneficiary
  • Stocks and bonds that are only in the deceased party’s name
  • Tangible possessions 

and other assets.

Things that are not subject to probate are

  • Assets in a revocable trust
  • Any real estate owned as joint tenants with a right of survivorship or as tenants by the entirety
  • Any policies and accounts with designated beneficiaries
  • Any bank accounts that include a payable on death or transfer on death clause

Whether you are looking to consult with a probate lawyer or need a trial attorney to help you in your case, we are here to help. The Matus Group has served the residents of NJ for more than 20 years. Call to speak with estate attorney Christine Matus today (732) 281-0060.

We Are Here To Help:

Call to speak with Christine Matus, special needs trust attorney today (732) 281-0060.

Understanding Probate and Estate Litigation in New Jersey

Everyone has the right to designate how their property is disposed of after their death, without the interference of anyone else. But in many cases, heirs and beneficiaries have concerns about the dispensation of assets after the death of a loved one. In some cases, their concerns are very valid. An experienced estate attorney is the best resource for legal guidance during these times. 

Family members and heirs may have conflicts, either before or during the probate process, regardless of the clarity of the executed will or trust. A will or trust may be contested or found to be invalid because it was improperly executed or drafted. A beneficiary may not be getting clarity or transparency from an executor, trustee, or personal representative. These are cases where a probate and estate litigation attorney in New Jersey is your best resource. Call to speak with a top NJ probate lawyer, Christine Matus (732) 281-0060.

Top NJ Probate Litigation Lawyer Christine Matus

Family members, beneficiaries, and other parties should not be hesitant when they feel that something is amiss in the probate process of the estate of a loved one. Any time you question what a loved one has done or is doing with their estate, or how they may have been influenced, you should get the legal counsel of a NJ probate litigation lawyer. Whenever family members have concerns, have perceived an injustice, or when questions are being asked of you in the administration of a will, estate, or trust, a legal professional can guide you to a resolution. 

At the law firm of The Matus Law Group, we make every effort to mediate a solution before even stepping into court. As experienced probate litigation lawyers with an extensive background in the practice areas of family, elder, and estate law, we have been able to resolve many cases similar to yours. We offer convenient locations in Monmouth County, Ocean County, and are within an easy drive of Mercer County, NJ, and Middlesex County, NJ. Call us for a free consultation (732) 281-0060.