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 deems fit. It’s...
Cherry Hill NJ Probate & Estate Administration Law Blog
What’s the danger of dying intestate?
Death is inevitable – but nobody likes to think about it. So, what happens if you don’t? Roughly 67% of people in the United States don’t have an estate plan and are at risk of dying intestate. What’s the harm in that? When you die intestate, the state takes charge of...
How to improve your estate plan with a trust
The most important document that you will likely mainly focus on as you draft your estate plan is your will. Your will documents your last wishes for who should handle your assets after you pass away and who should benefit from your estate. Despite being so important,...
Sentimental estate disputes can be more difficult to resolve
Many estate disputes revolve around high-value items. The beneficiaries involved are debating how that value should be transferred to the next generation and split between them. For instance, a parent could leave a family home behind. If there are no instructions for...
Why should you leave some assets out of your will?
You may have read estate planning advice to remember to include all your assets in your will. And that forgetting something could lead to confusion about who you want to get it. While this is generally true, there is one category of asset you should leave out of your...
Revocable vs. irrevocable trust: which one is right for you?
A trust is one of the most important estate planning resources that you can establish. When done right, a trust can offer a variety of benefits such as reducing your estate taxes, saving time, safeguarding your privacy and ensuring that your assets go to the right...
Who pays the debts for your estate?
If you’re making an estate plan, it is wise to address debt. For instance, maybe you want to set up a trust fund in advance that can be used to cover some of these costs. There are also ways to pay down debt if you believe you are approaching the end of your life and...
How can you prove executor misconduct during probate?
An executor is responsible for administering the estate of a deceased individual and executing the wishes outlined in their will, if one has been left behind. Given their prominent role in the probate process, the law requires executors to act in the best interests of...
Does a no-contest clause always work?
When you draft a will, you hope your assets will be distributed according to your wishes. Sometimes, however, a will can be the root cause of a costly and time-consuming inheritance dispute. It’s on this basis that you may want to include a no-contest clause in your...
Should you tell people what they will or won’t inherit?
Most people do not know how much their parents own, and many believe it is much more than it is. That might lead to complacency, with them believing they do not need to save for retirement as they will inherit a large amount from you. Telling them how little you are...