Cherry Hill NJ Probate & Estate Administration Law Blog

When a loved one passes away, you are likely going to experience a range of emotions. This can make it difficult to think clearly and make important decisions; however, if your loved one's estate plan isn't the one that you were aware of, you might have to make a big decision now. Do you allow the estate plan to close out without alerting anyone about the issue or do you contest it?

If you are leaning toward contesting it, there are some points that you have to consider. These might help you decide what you are going to do.

• Probate litigation can tear families apart. Make sure that you are fully prepared to deal with having to cut ties with some family members. They might not understand why you are calling the estate plan into question. Some might even say that you are just being greedy.
• Be prepared for the battle. Your character might be called into question. There may be some difficult conversations about why you are contesting the will. You may have to fight to show why the current estate plan isn't the valid one.
• Your emotions might suffer. This is going to be a difficult process. Even though you feel like you are well within your rights to contest the will, you might feel a range of emotions. This can range from elated that you are taking action to upset that you are having to go through this.

It isn't easy to think about becoming incapacitated, but it is something that is very necessary. What if you are unconscious after a car wreck or suffer a debilitating condition that takes away your ability to make your wishes known? In both of these situations, you will be at the mercy of others to decide what is best for you. If this doesn't sound like an ideal situation to you, now is a good time to sit down and get your living will set.

A living will provides instructions for medical professionals about your wishes regarding specific aspects of care. You can cover as many or as few topics as you want in the document. Some of the more common are regarding organ donation, life support and resuscitation. You can also include information about intravenous hydration and nutrition, pain relief and specific treatments and tests. For example, you might not believe in the use of blood products, which should be relayed in the living will.

The probate process is mystifying to some people; however, it doesn't have to be. In the simplest of terms, probate is meant to transfer the assets of the decedent to the rightful heirs. This is done based on the estate plan of the person. If the person doesn't have one, the case will follow the intestate guidelines of the state.

For most people, the probate process is simple. There aren't any legal issues that come up during the process. For others, will contests and other litigation matters will come up. These individuals need to ensure they know their rights and responsibilities as the case moves through the court system.

When you create an estate plan, you need to write a will. This document might seem old-fashioned, but it still plays an important role in the estate. Without one, the state will determine who gets your assets based on intestate succession laws, which outline exactly what will happen based on a person's relationship to you.

There are several things that you need to know about writing a will. All of these work together to ensure that the will is deemed valid in court. Here are a few things that you need to remember:

• You must have a sound mind, which means that you understand exactly what the will is going to do to your assets and for the heirs when you pass away.
• You need to be at least 18 years old unless you have joined the military or are married.
• Your will must not be made under duress. You have to voluntarily include the provisions that are listed in the document.
• All of your assets and property that you are distributing must be clearly listed in the will along with instructions about where each item will go.
• Your will must be witnessed by two other people who aren't named in the will. They must watch you sign and date the document so they can attest to it containing your signature if there is ever a question raised.