Will Contest & Probate Litigation

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 20 years of strong, experienced advocacy in probate litigation. Based in Allenhurst, the firm represents any party in disputes in Monmouth, Ocean and surrounding counties of New Jersey. Call 732-988-9595.

Will Contest Litigation

Disputes arise when the whole estate or an unexpected share is left to one child, and siblings are cut out of an inheritance. In that case, the firm 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

Hoyle Law handles 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

The firm draws on the experience of a certified mediator‡ who can barter a solution: co-guardianship or appointment of a third-party guardian. The firm also draws on the experience of 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 he or she has been honest and diligent in his or her duties.

There is so much at stake in a will contest including money, justice, and the wishes of the deceased. The firm 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