If you are starting to put together an estate plan and want to do your part in reducing the likelihood of estate litigation from your children or other family members, one good idea is to make sure you verify and validate your will in advance.
Choosing your power of attorney was never going to be easy. You have three children, triplets, who all want what's best for you. Putting one of them in charge is not something you're interested in doing, but you think that having all three trying to work together would be too difficult.
Fraud is a legal concept that is often tied to the criminal justice system. When a person commits fraud, they have or have sought to have themselves enriched through deceitful actions or omissions. Claims of fraud often arise in business settings, but New Jersey residents may be interested to know that fraud may also arise in the administration of estates.
When a person in New Jersey writes a will, they generally believe they are making clear their intentions for how they want their estate dispersed between their heirs after their death. And, for the most part, a properly executed will does just that. However, there could be times when an heir feels the will should not be followed and wants to contest it. This can lead to estate litigation.
When a person in New Jersey dies, he or she may have left behind a will that dictates who is to inherit his or her assets. While most of the time the terms of the person's will are followed, there are instances in which estate litigation is pursued by an heir who believes the will should be invalidated. In general, there are four grounds on which a person can challenge a will.
Many people who execute a will in our state have very strong opinions about who should inherit their property. They may even want to go as far as inserting a clause in their will stating that if an heir pursues estate litigation, he or she will be disinherited. However, are such "no-contest" clauses enforceable under state law?
The loss of a loved one can leave a family in New Jersey grief-stricken. The matter can be made even worse if a person believes the terms of their loved one's will should not be followed, for example, if they believe the will was executed under undue influence or when their loved one was incompetent. However, before a person can pursue estate litigation, he or she must have standing to challenge a will.
Last week this blog discussed will contests and what steps a person in New Jersey must take to contest a will. Will contests are a common type of estate litigation. However, estate litigation can cover a wide variety of issues that people might face when it comes to carrying one out an estate plan after a person's death.
Whether it is in a sudden fatal car crash, at the end of a lengthy illness or simply due to old age, the death of a loved one is never easy. Some people in Parsippany may have executed a will during their lifetime. However, what if after the person's death an heir does not believe the will should be followed?
As many residents of Northern New Jersey may unfortunately know, losing a loved one is never easy. Matters can be made worse, however, if the deceased's heirs are fighting over the terms or validity of the decedent's will or trust. Also, issues could arise with regards to how the executor of the estate is carrying out his or her duties. All of this can lead to estate litigation. And, as laws and society change, the picture of what estate litigation looks like may also change.