A Sensible Approach To Probate Litigation

Many lawyers can probate simple estates. However, when a dispute arises or more sophisticated assets exist, you need an attorney who has experience with the complexities of high-value estates. Your attorney must also have the skill and knowledge to protect your rights in actions before the probate part of the court system.

At the law office of Torzewski & McInerney, LLC, you will work with a Morris County probate attorney who is also certified public accountant (CPA) and who has a legal master's (LL.M.) in taxation. With this experience, we can perform in-house accounting and tax law services for our clients. This reduces the time and expense associated with probate and estate administration cases. Both Mr. Torzewski and Ms. McInerney are also skilled trial lawyers who will fight to protect your interests at trial when that is necessary.

Protecting An Estate's Assets

In general, probate litigation work includes accounting for all assets, returning them to the estate when necessary and properly distributing them to beneficiaries. We provide plaintiff and defense representation for executors, trustees, beneficiaries and family members in probate litigation.

Our probate and trust litigation practice includes issues such as:

  • Will and trust contests
  • Undue influence on the testator
  • Mental capacity of the testator
  • Elective share litigation
  • Insolvent estates
  • Breach of fiduciary duty actions
  • Disputes between fiduciaries and beneficiaries
  • Misappropriation of assets
  • Last-minute beneficiary changes
  • Property title changes
  • Failure to diversify assets
  • Improper or no planning

We also have experience with complex cases involving blended families. When there are multiple spouses and children from various marriages, disputes over who is entitled to the assets are common. This is especially true if the deceased's estate plan was not up-to-date or it conflicts with a prenuptial agreement.

We Are Ready To Resolve Your Dispute

To schedule an appointment, please call 973-532-2868 or contact us online.