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Home » Contested Guardianships » Deciding to challenge guardianship in a New Jersey estate

Losing a loved one is never easy. It can be even more difficult when you disagree with the appointed guardian in the estate of your deceased loved one. This can lead to complicated feelings and tricky legal situations.

If you feel that the appointed guardian is not fit for this role, you may consider contesting the guardianship.

Understanding guardianship

A guardian is a person assigned by a court to handle the affairs of a person who cannot do so themselves due to incapacity or death. They are appointed to care for the person who is incapacitated or are responsible for managing the estate after their death, making sure all debts get paid and distributing the remaining assets according to the will or state law.

Reasons to contest guardianship

You may have valid reasons to believe that the appointed guardian is not acting in the best interest of the estate or the beneficiaries. Perhaps they lack the necessary skills to handle financial matters, or you suspect them of acting dishonestly or irresponsibly.

The process of contesting guardianship

Contesting guardianship is a legal process that involves filing a petition in a court of law. The court will require substantial evidence to prove that the current guardian is unfit for the role. You might need to present testimonies, documents or other pieces of evidence to support your case. If the court finds your evidence compelling, they may decide to appoint a new guardian.

Potential outcomes of contesting guardianship

If you successfully contest the guardianship, the court will appoint a new guardian. The new guardian will take over the responsibilities of managing the estate and ensuring the best interests of the beneficiaries. However, it is important to remember that this process can be lengthy and potentially stressful.

It is also possible that the court will not agree with you and will keep the current guardian in place.

Choosing to contest guardianship in New Jersey is a significant decision. It is important to consider all aspects, including the potential impact on relationships and the emotional toll of a legal dispute, before proceeding.