Probate Litigation

As people age, they may start discussing their legacy with loved ones. Parents and grandparents may talk about their plans with their children and grandchildren. Frequently, everyone in the family knows roughly what to expect when reviewing the will of someone who recently died....

The death of a loved one often comes with emotional stress, and disagreements over their estate can make the grieving process even harder. While most wills are accepted without issue, sometimes questions arise about whether the document is valid or whether it reflects the...

Personal representatives and the people closest to the decedent usually want to uphold their last wishes. In some cases, they may have questions about the validity of the will or other estate planning documents. Family members may feel confused about the terms included in...

Death during probate creates extra work for everyone involved. This happens more often than you might think in New Jersey, affecting how the original estate is distributed. Executors must know the proper steps when a beneficiary dies before receiving their inheritance. What New Jersey’s...

An executor is not usually personally responsible just because someone challenges a will. In New Jersey, the executor’s main job is to handle the deceased person’s estate. This includes collecting assets, paying off debts and distributing the remaining assets according to the will. Liability...

Probate, the legal process of administering a deceased person’s estate, may be time-consuming and costly. Many seek ways to avoid probate to simplify matters for their loved ones. Below are two potential methods to bypass probate and why this might benefit you and your...

Probate disputes can be costly, time-consuming and emotionally draining. When a loved one passes away, the last thing anyone wants is to be caught in a legal battle over their estate. Probate mediation is a potential solution, but is it a good idea? What...

Managing the intricacies of probate can be a daunting task. The process of settling the estate of a loved one can be overwhelming, and the legal landscape can be complicated. With the stakes high, it is crucial to avoid errors that can cause delays...

You can challenge the validity of a loved one’s will in probate court if you believe it does not reflect their true wishes and intentions. Should you succeed in challenging the will, the court may declare it invalid and take appropriate action as it...

Estate planning is an important process that involves organizing a person’s finances once they are gone and several other aspects. As with other legal agreements, parties to estate planning documents must have acted voluntarily and have been of sound mind. Unfortunately, there are occasions...

There are a variety of factors that may result in delays during the probate process. Contested wills are one of the most notable reasons why probate cases drag on. Stepmothers and their stepchildren are most frequently involved in such disputes. A study published by...

Trusts are very versatile legal tools for people with unique legal, financial or personal situations. They can help someone protect their property from taxation or from creditor claims. They can diminish an individual’s personal wealth so that they can qualify for government programs. They...

If you are eagerly awaiting your share of an inheritance, it can be disheartening when things seem stuck in probate. Before you start to blame people for the delay, it is essential to understand some of the reasons why probate can take so long....

Some unscrupulous individuals will prey on older individuals to try to get the elder person to add them into their estate plan. This is a form of financial exploitation that can impact what the beneficiaries and heirs receive when the person passes away. The...

One of the first steps that the executor of an estate must take when a testator dies is to round up their will to take and file it with the probate court in the county in which the decedent lived. It’s often not until...

Contesting a will is something that must only occur if you are certain that you are prepared to handle the drawbacks and feel that the benefits outweigh them. You have to ensure that the desire to contest the will isn’t being done as an...

Choosing to go through litigation with a loved one’s estate isn’t an easy decision. For some people, the entire goal of the process is to ensure that the decedent’s wishes are actually followed. One area that might come under scrutiny is the will. In...

Probate litigation is a serious matter that can rip families apart. The issue is that everyone sees the litigious matter as something personal. This can make it difficult for them to think logically about it, which just makes things more difficult to resolve. We...

There are many things that might lead to discontent when the final wishes of a deceased loved one are read. Some heirs might think that the will is unfair, which can cause problems with the individuals who are still living. When this occurs, trying...

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....

Probate litigation isn’t something that most people will experience in their lifetime. Most wills go through the process without any issue. In fact only around 1 percent have issues, while the remaining 99 percent pass though without any problems. You can’t challenge a will...

Probate disputes can be trying matters for the people who are involved. When your family members opt to dispute an estate plan, it can mean that you will have to fight for what your deceased loved one wanted you to have. While you might...

The probate process is mystifying to some people who haven’t ever had to deal with it before. Some people think that when a family member passes away, you just divide up his or her stuff and move on with life. This isn’t usually what...

Estate plans are a set of instructions about the handling of possessions after individuals pass away. These plans are usually followed without any issues, but there are some instances in which people who are left behind don’t believe that the way things are set...

Having to go through the probate process is something that can be costly and complicated. There are some ways that you can help your loved ones to avoid having to go through the probate process. Using these methods can save them time and money....

Anytime you have to deal with the legal system or courts, it can be stressing. While there’s typically nothing to fear from the probate process, there might be a lot at stake. Simply dealing with the unfamiliar formalities of the legal process can be...

Probate processes can be time consuming and expensive, especially when a dispute arises about a will. Probate is also a matter of public record, which isn’t something everyone wants — you might want to keep some information about your assets and your heirs out...

What happens when someone dies without a will or other estate plan in place? Because many people don’t take the time to deal with estate planning, this happens more often than you might think, so the courts can’t spend time hearing arguments or evidence...

The state Supreme Court is siding with a woman on the basis of the law, despite what it calls “repugnant” action on her part. The case had reached the Supreme Court after numerous appeals after a trial court ordered the woman to pay the...

A legal battle is brewing between the family of a long-time church minister and the church he founded. The church, which the bishop built over the years into a global congregation, claims that many assets of the estate are owned by the church and...

All your estate planning work might come to naught if your will is invalidated during the probate process. Working with a professional experienced in all aspects of the estate planning and probate litigation process helps ensure your wishes are honored and your heirs are...

Understanding how your needs might change as you age is important to solid estate planning, as is understanding the needs of your heirs. A chance exists that you might one day be unable to make financial decisions for yourself. For some individuals, a chance...

Dealing with the death of a loved one is a difficult situation. When things settle down some and you start to deal with the estate of your loved one, you might begin to think that something seems amiss. We know that you don’t want...

The vast majority of the time, when people have taken the time to develop a sound estate plan under the guidance of a lawyer, there won’t be a problem when the time comes for probate. In fact, it’s estimated that fully 99 percent of...

New Jersey fans of James Brown may already know that this Christmas marks the eighth anniversary of his death. By all accounts, Brown’s estate plan was meticulously done. It was obvious to those who perused it that he put his soul into its creation....

After a loved one dies, the family must deal with wrapping of his or her affairs. Hopefully, a deceased family member in New Jersey took the time to put his or her wishes into a will. The probate of a will is not without...

Ordinarily, when a New Jersey resident has an estate plan, the probate process will go smoothly and is more a matter of routine. However, there is no guarantee that an estate plan will prevent a will contest. Several factors could come into play after...

Many in New Jersey know firsthand that losing a loved one is never easy. The grieving process is often interrupted by funeral and burial arrangements and the probate of that loved one’s estate. Things can get even more complicated when a probate dispute arises,...

New Jersey frozen pizza lovers may have heard of Jeno Paulucci, who founded Chun King Foods and was worth somewhere in the neighborhood of $150 million at the time of his death in Nov. 2011, at the age of 93. Up until weeks before...

New Jersey readers may remember Farrah Fawcett from her days as one of “Charlie’s Angels,” which made her a television icon. After her death, her longtime, on again off again partner, Ryan O’Neal was in possession of one of two paintings of Fawcett done...

There is nearly $300 million at stake, an incredible fortune by any standards. Put in the simplest of terms, the probate dispute filed by family members of the deceased is aiming to determine whether the old adage that “blood is thicker than water” is...

New Jersey readers may have heard of a recent court case in a neighboring state that got national attention. A probate dispute between a widow and the current family of her former adoptive daughter ended in the daughter’s favor. The teenage girl, who was...