Frequently Asked Questions

A trust is a type of legal arrangement that holds property. The property is placed into the trust by the trust-maker, also called a trustor or settlor. In a trust document, the settlor will name one or more people to serve as trustee, which is the party who manages the trust. The trustee is expected toContinue reading “What is a trust?”

The eligibility of a party to file a will contest hinges on the specific circumstances of the case. Generally, any interested party with a financial stake in the estate administration can contest a will. This typically includes beneficiaries named in the purported will and individuals qualifying as heirs under state intestacy laws.

Likely yes. Probate is the legal process by which a deceased individual’s property is lawfully transferred or distributed to another party. Without probate, the decedent’s property remains lawfully owned by their estate. Probate must be conducted regardless of whether or not a decedent left a will. However, with careful estate planning, it is often possible toContinue reading “Do I have to go through the probate process for my family member after their death?”

A guardian is an individual who is appointed by the court to make healthcare and personal decisions on behalf of an individual who cannot make those decisions or who cannot voice their preferences for themselves due to illness, injury, or physical or mental disability. Similar to but distinct from a guardian is a conservator, whoContinue reading “What is a guardian?”

It all depends on the nature of your case. Were you unfairly left out of a will or trust? You may be able to file a will or trust contest. Are there other grounds for contesting an estate? Examples include accounting issues, the misappropriation of funds, a breach of fiduciary duty, or an executor beingContinue reading “What legal options do I have if I want to challenge a will, trust, or estate plan, or if I want to file estate litigation?”

If you are thinking about estate litigation or are already in the middle of it, a lawyer can assist you by helping you collect and store potentially relevant evidence, responding to requests for information from the other side, and negotiating on your behalf to try to avoid the time and cost of going to courtContinue reading “How can an estate litigation attorney help?”

In the context of trust administration, fiduciary duty refers to the standard of care that a trustee is expected to exercise. Generally, as a fiduciary, a trustee is expected to always act in a manner that benefits the interests of the trust. Trustees are also expected not to act for their own benefit if doing so wouldContinue reading “What is “fiduciary duty?””

Yes. Most employment and labor cases are resolved through alternative dispute resolution procedures rather than through traditional court litigation. Many labor agreements and employment contracts have clauses requiring employers and employees to pursue an out-of-court resolution of their dispute through formal mediation or through arbitration. Alternative dispute resolution has several benefits over court litigation, includingContinue reading “Can a labor or employment dispute be resolved without going to court?”

A restrictive covenant agreement can be enforced by the employer filing a legal demand against the party who breached the agreement or by filing a lawsuit in court. By filing suit in court, an employer may be entitled to obtain injunctive relief, or a court order barring a party from further breaches of the agreement.Continue reading “How is a restrictive covenant agreement enforced?”

In New York and New Jersey, courts will generally enforce restrictive covenant agreements so long as they have been voluntarily agreed to by all parties and the terms of the agreement are reasonable in scope, duration, and territory. In determining the reasonableness and therefore the enforceability of a restrictive covenant, courts focus on whether theContinue reading “When are restrictive covenants enforceable?”