Challenging or Defending the Will
New Jersey Probate Litigation Attorney
Will Contests • Contested Guardianship • Breach of Fiduciary Duty
A will is supposed to prevent disputes. But if the document was poorly drafted, family members suspect foul play, or the person had no will, a court may have to settle the resulting conflict.
Hoyle Law, LLC provides strong, experienced advocacy in probate litigation. I am John G. Hoyle III, offering 12 years of experience in these sensitive and complex family issues. Based in Monmouth County, we represent any party in disputes in Asbury Park, Monmouth, Ocean and surrounding counties of New Jersey. Call 732-988-9595.
Will Contest Litigation
Disputes arise when the whole estate or unexpected share is left to one child, and siblings are cut out of inheritance. In that case, John Hoyle can be hired to defend or challenge the validity of the will:
- Undue influence — Someone gains the confidence of the deceased, resulting in a re-writing of the will to his or her favor or the exclusion of other heirs
- Incompetence — The deceased was near death or suffering from dementia, and lacked the mental capacity or lucidity to execute a new will
- Fraud — The signature was forged, the will was not properly signed and witnessed, or a recent will was destroyed.
Another source of will contests is disputed valuation of assets or a closely held business, or distribution of assets not referenced in the will.
Guardianship Disputes
We handle contested cases involving the appointment of guardians for an elderly parent or incapacitated loved one
- Challenging the appointment of a sibling or other person as unfit
- Seeking to have a guardianship revoked because of financial abuse, emotional abuse or failure to care for the ward
I am a certified mediator‡ who can barter a solution: co-guardianship or appointment of a third party guardian. I am also an experienced trial lawyer who can aggressively press your case before a probate judge.
Breach of Fiduciary Duty
The executor or administrator of an estate may be accused of misappropriating funds, mishandling the transfer of assets, or taking too long to settle probate matters. Hoyle Law can (a) represent other heirs on behalf of the estate to petition for the fiduciary's removal, or (b) represent the fiduciary to demonstrate that they have been honest and diligent in their duties.
There is so much at stake in a will contest including money, justice, and the wishes of the deceased. John Hoyle will guide you through this difficult time and fiercely protect your legal interests. Arrange a consultation at 732-988-9595.
‡ Certified by the New Jersey Superior Court
