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Family Dispute Litigation

Probate/Family Dispute Litigation

Unfortunately, it is often the case that pre- or post- death serious disagreements arise within a family over Mom and/or Dad, their assets, with whom they will live, their care and/or the facility, if any, in which they will reside. Repeatedly we urge that planning is the best way to avoid these issues.

When the individuals are willing to engage in a comprehensive strategic planning process most, if not all, issues can be eliminated, or at least mitigated. When planning fails, litigation is at times unavoidable. The actions of the family toward Mom and/or Dad are often abusive in terms of the family trying to impose the solution that is best for them, but not for Mom or Dad.

We often receive referrals from doctors, social workers and other health care professionals where this type of abusive situation is already in progress. More than one doctor has told us that a patient is being referred to us for the reason that the doctor "knows that we will protect the person."

These family disputes can involve Mom or Dad's assets, who will hold the power of attorney and/or be the health care representative, will Mom or Dad live with this child or that one, what type of care givers will be provided. Often a facility is chosen based on the least expensive or the closest geographically rather than what is best for Mom or Dad. In some situations, no care is being provided.

Undue Influence and Other Complications

There are often issues of undue influence and questions as to whether gifts or loans were intended. If a Guardianship is involved, there is at times a dispute as to which family member should be appointed Guardian.

At other times, one or more family members have restricted access by their siblings to a parent. Often a Will contest is involved.

Greenberg & Lanz is experienced in litigating all of these issues.

Contact Us Today

To discover how we can help you, speak with our Hackensack business law, litigation, life planning, estate planning, probate and estate administration lawyers. Call 201-487-7755 or contact us online to schedule your free initial consultation.