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Estate litigation typically arises when an individual is displeased with what a will or trust declares. In other examples, the petitioner may be dissatisfied with how the distribution is being carried out. Litigation challenges the validity of the document itself or the interpretation of one or more of the clauses.

Disputing the Validity of a Will or Trust

Wills and trusts require proper execution in order to be valid. One difference between a will and a trust is that the distribution under a will is supervised by the court. This means, among other issues, that the court regularly provides an opportunity for others to object to the will. A proper objection triggers the court's scrutiny of the will. As the distribution of a trust is not court supervised, any challenge to its validity must be brought by your estate lawyer in a lawsuit.

Challenging the Validity

Those contesting the validity of an estate document should focus primarily on how it was created. At issue is whether:

• The Person Creating the Document Had the Legally Required Mental Capacity To Do So
• The Person Creating the Document Acted of Free Will

• Someone Else Unduly Influenced the Creation of the Document
• All Technical Requirements Were Met, Such As Signatures, Dates, and Witnesses

Challenging the Distribution

The person who is named in either a will or trust to distribute the deceased's assets has a duty to do so faithfully. As our estate attorneys at Gruber, Schwartz & Posnock, LLP understand, complex estates can have extensive assets that are not easily evaluated or liquidated. Often these become the source of litigation. When you need sound legal advice where estates are concerned in Newark, New Jersey, consult our law firm today.