Is someone trying to steal your inheritance?
Years ago, when I first became a lawyer, my mentor warned me: “If you’re old and you’ve got money, you might be lonely, but you’ll never be alone.” The point was simple: there will often be people lurking in the background, scheming to get their hands on an old person’s money. Typically, they do that in either of two ways:
These shenanigans are almost always done in secret. Then, when the person dies or nears death, their relatives and friends get a big surprise: a crook swooped in and helped themselves. And that crook is often a trusted family member or close friend. It could even be a caretaker or maid. In short, they sidle up to an older, vulnerable person, and use their position to extract money and gifts. It’s a very old scheme that worked very well for centuries.
But more recently, courts have gotten wise to the trick and developed an entire body of law to stop people from getting away with it. If you can show that the schemer pressured the person to make a Will (or to give a gift), then you may be able to get a court to reject the Will or the gift. Similarly, if you can show that the person was mentally unfit when they made the Will or gift, a court may invalidate it.
Over the course of my career, I have gotten improper gifts returned and illegitimate Wills overturned. Call me today, and let’s get to work on fixing the problem and getting you what you deserve. Don’t let them get away with it.
Or is someone accusing you of stealing their inheritance?
Of course, not every gift or newly drafted Will is a sign of wrongdoing. People have a right to change their Wills and to give gifts, and so long as they’re not pressured or mentally impaired, those Wills and gifts are perfectly legitimate. Still, even when a Will or gift is legitimate, there will often be relatives and friends who think they should have gotten more. And some of those people will try to challenge the Will or gift in court. I have also defended people against improper challenges.
Call me, and let’s see what we can do.
New Jersey residents typically have only 4 months to challenge a Will—Act Fast!
The time to challenge a Will is very limited. Typically, New Jersey residents must challenge a Will within four months of notice of probate. If you live outside New Jersey and wish to challenge a New Jersey Will, the time period is six months. Do not waste time. Call me today.
Can I Contest a Trust?
But as with so many other things, trusts are subject to basic human tendencies like greed, self-interest, negligence, favoritism, and obstinance. And that often causes trusts to go off the rails.
Trusts were created hundreds of years ago to provide flexibility in owning, managing, and disposing of property. They work by allowing a manager (the trustee) to take legal title to property and then manage it on behalf of the trust creator (the settlor) for the benefit of certain persons (the beneficiaries). This structure has provided enormous benefits both for those who create trusts and for their intended beneficiaries by allowing assets to be managed over time by a neutral third party.
But as with so many other things, trusts are subject to basic human tendencies like greed, self-interest, negligence, favoritism, and obstinance. And that often causes trusts to go off the rails. Whether it’s a settlor who transfers assets to an irrevocable trust and then steals them back; or a trustee who doesn’t pay attention, who doesn’t do what he’s supposed to do, who prefers some beneficiaries to others, or who takes trust property for himself; or beneficiaries who are constantly clamoring for money, trusts can become a colossal headache.
Has a trustee looted or mismanaged your trust?
Many trust disputes revolve around the behavior of the trustee. That’s for several reasons. First, most trustees are friends or family members who are not professional fiduciaries and don’t understand the serious legal obligations that trustees have.
Second, even among those who understand their obligations, many trustees simply can’t do what’s required.
Third, some trustees find themselves in conflicts of interest that cause them to favor certain beneficiaries over others. Fourth, some trustees end up self-dealing—that is, acting in their own financial interests rather than advancing the best interests of the beneficiaries. And there are many other reasons, too.
The bottom line is that trustee misconduct is a leading issue in trust litigation. If you know (or even think!) that a trustee has mismanaged your trust, call me to discuss it today.
Are you a trustee who has been accused of wrongdoing?
Managing trusts is hard—even for professional trustees. The management, reporting, and record-keeping obligations can be very onerous. And dealing with beneficiaries can be even harder. What starts as a casual favor done for friends and family can transform into a nightmare with people accusing you of inattention, negligence, and even intentional wrongdoing. They may seek to remove you as trustee; to have you produce an expensive and detailed accounting of your time as trustee; and worst of all, to demand that you pay damages. But you have defenses available, too.
Call me at 201.342.1700, and let’s discuss.
