Schenck Price’s Estate and Trust Litigation team offers a full range of legal services pertaining to fiduciary and probate litigation. We represent both individual and corporate fiduciaries and beneficiaries in disputes regarding estates, trusts, powers of attorney and guardianships, including disagreements concerning the investment, management and distribution of assets. Our focus is to work with clients to find creative, productive and cost-effective solutions to estate and trust disputes. We are always prepared to litigate aggressively when the situation, and the wishes of the client, dictate. Yet we recognize that litigation can often be expensive and time-intensive, so we make our clients aware of litigation alternatives, such as mediation.
The practice group distinctively combines strong litigation skills and deep tax knowledge. It includes senior litigators with broad experience, who have long been leaders in the profession. Our team includes a former attorney with the Internal Revenue Service.
Various team members have held leadership positions in organizations including the Guardianship Association of New Jersey, Inc., the National Academy of Elder Law Attorneys and the Morris County Bar Association’s Trusts, Estates and Elder Law Committee. As frequent authors and lecturers, we stay informed about current developments and share our knowledge with other professionals. Several of our attorneys are on the roster of approved mediators, serve on Probate Early Settlement Panels and serve in court-appointed roles in probate litigation.
Services to Clients
We handle a wide range of matters, from disputes involving trusts, powers of attorneys, living wills and health care representatives. Our work includes:
- Will contests
- Trust disputes
- Will and trust reformations, including special needs trusts
- Accounting actions or disputes
- Contested estate administration
- Disputes among co-fiduciaries
- Breach of fiduciary duty claims
- Insolvent estates
- Elective share claims
- Disinherited spouse and omitted spouse claims
- Protection of beneficiary rights
- Court approval of special needs trusts
ArticlesNov 4, 2018The Dreaded New Jersey Inheritance TaxJul 20, 2018Single without kids? Who should be your heir?Jun 22, 2018Who would get this life insurance payout?Apr 16, 2018Who should be executor of your will?Oct 29, 2007Contested Guardianships
NewslettersApr 1, 2009The Benchmark Spring
NewsDec 6, 2016"Best Law Firms" for 2017Jul 25, 2012Gary Mazart presented a continuing legal education program for the New Jersey Institute of Continuing Legal EducationJul 16, 2012Shirley B. Whitenack Appointed Vice-Chair of the Surrogate Decision Making Committee of the American Bar Association's Section of Real Property, Trust and Estate Law 2012-2013Mar 1, 2012Shirley B. Whitenack Gave Presentation on Elder Law and Legal Implications for Real Estate Transfers to Seniors and FamiliesNov 9, 2011Fiduciary RepresentationOct 24, 201113th Annual New Jersey Trust & Estate Law ForumSep 20, 2011Secretary - Garden State Bar AssociationAugust 1, 2011Star Ledger Biz BrainMar 15, 2011ACTECNov 22, 2010Developments in Probate LitigationApr 16, 2010Education and Research ConferenceJan 20, 2010Family Law CasesOct 16, 2006Due Process in the Probate Courts