Almost every day we see examples of “things not going the way Dad or Mom would have wanted them”. Thoughtfully planning ahead of time goes a long way toward avoiding family disputes before and after a death, and making sure that children or other vulnerable adults with special needs are properly provided for.

We provide single-source counseling for all personal legal issues clients and their family members face, including estate planning, long term care planning and protection of minors, the elderly and disabled.

We prepare up-to-date, plainly worded documents that provide for the care of our clients and their property and the protection of their beneficiaries.

Beyond the basics of a Will, Power of Attorney and living will or health care directive, counseling is available concerning civil unions and domestic partnerships; non-citizen spouses; charitable bequests; pet trusts; business succession planning; domicile and residence.

We represent executors, administrators and trustees in administering estates, including filing NJ Inheritance and Estate taxes and preparing accountings. We also handle all types of estate or trust law suits and court proceedings, whether related to estate or trust distributions, breach of fiduciary duty, undue influence, domicile, residency, will contests, omitted heirs, creditors or other estate settlement issues.

We represent executors and appointed administrators in efficiently settling estates, from locating assets and notifying heirs to obtaining Federal and State tax clearance and distributing property. In today’s world, executors often must deal with property out of state and in more than one tax jurisdiction. Sometimes the executor does not reside in New Jersey and may be unfamiliar with New Jersey probate procedures.

We also represent heirs in situations where the executor or administrator may be accused of a breach of fiduciary duty, misappropriating funds, mishandling the transfer of assets, or taking too long to settle probate matters. Generally a court will decide if an executor or administrator should be removed for cause or if they have been honest and diligent in the performance of their duties.

Some other common disputes are:

It's always sad when a family member or friend loses mental or physical capacity to manage their own affairs. Whether due to a sudden illness or a gradual decline, there may come a point in time when assistance is needed. It's a painful decision, and one that the elderly person or other family members may not agree with.

We represent clients who have been appointed or are seeking appointment as guardian or conservator, and clients who are opposing the appointment of a guardian or conservator. If a guardian must be appointed, the tasks facing the guardian can be challenging. We counsel clients with compassion to preserve the dignity of their loved ones while acting quickly to protect them from harm.

It may become necessary to terminate a guardianship if there is financial abuse, emotional abuse or failure to care for the ward.