Probate Litigation/Guardianships
A Last Will and Testament is intended to protect assets, preserve property, investments, and plan a map for the eventual distribution of one’s holdings. Wills also include instructions for the care, guardianship and education of children under 18 years of age, as well as setting forth healthcare directives.
Unfortunately, having a will is not an ironclad guarantee that the decedent’s wishes will be carried out as specified. All too often, complications arise and wills are contested for a variety of reasons. Heirs sometimes believe a will is inaccurate, that they have been unfairly left out of a will, or that the decedent was not of sound mind when signing the will. Other challenges arise when a family believes a close friend or even a health care custodian has fraudulently maneuvered to be named in the will.
At Helfand & Associates, our practice includes probate litigation and guardianships matters. Our attorneys regularly assist New Jersey clients who feel strongly that they have reason to object to a Last Will and Testament.
Whether the dispute begins as a result of a clerical error, a simple misunderstanding or dishonesty, estate settlements can result in long-term damage to relationships among family members, heirs and beneficiaries. Our attorneys fully understand the emotional conflicts that accompany wills contests. When you are challenging a will, our attorneys first determine if you have a valid claim. We explain the court proceedings, guide you through the intricate process, and help you find the most amicable solution possible.
Guardianship
Guardianship is a legal proceeding in which a guardian is appointed to exercise the legal rights of an incapacitated or disabled individual. When you become responsible for an aging parent or disabled adult or child, you may petition the court to be named a legal guardian. In order to petition the court, you must be represented by an attorney who will serve as "attorney of record.”
The person for whom you are granted guardianship is referred to as a ward. In a guardianship proceeding, rights are removed from the ward and are delegated to the appointed guardian.
New Jersey law recognizes different types of guardianship, which depend on the court’s determination of a ward’s capabilities:
- Temporary guardianship
- Limited guardianship
- Special guardianship
- Full guardianship
Guardianship entails significant responsibilities that may include providing medical, mental and personal care services, and deciding on the place and type of residential setting best suited for your ward. If you are granted full guardianship, you will also have authority over the ward’s property and finances, and will be accountable to the court and may require court approval for certain financial transactions.
The attorneys at Helfand & Associates, with offices in Livingston and Rockaway, provide legal services related to guardianship for individuals throughout New Jersey. When the care of an aging parent or a disabled family member falls to you, our attorneys will carefully explain guardianship proceedings and ensure that you understand the duties and obligations you will have, when you become a guardian.
We invite you to call our firm at (973) 366-3500 in Rockaway or (973) 992-2600 in Livingston to arrange an appointment to speak with an attorney and learn how our firm can assist you.
Helpful Links:
