Morristown Estate Litigation Blog

Closing out a loved one's estate, whether the process is completed in New Jersey or elsewhere, is not necessarily easy. Even if the deceased did everything right and created an estate plan that included the designation of an executor, the actions of the executor may not sit well with beneficiaries. There are plenty of things an executor and beneficiaries may not agree on throughout the probate process, but no one expects the executor to do absolutely nothing. What can you do if the executor of your loved one's estate fails to start the probate process?

The executor has a significant job to complete. It can be overwhelming, and not everyone assigned to the position is prepared for all that it entails. Some may even drag their feet, feeling probate is something that does not require their immediate attention. No matter the reason for failing to open a probate case, beneficiaries have every right to be concerned with an executor's failure to act.

Putting together an estate plan can feel like a daunting task. There are so many estate planning documents available; many New Jersey residents may not know which ones they actually need. Here's the thing -- there is no one-size-fits-all estate plan. The various documents exist so that one can create a plan that truly fits their needs and estate planning goals.

What are the various estate planning documents available to New Jersey residents? Those most commonly used are the last will and testament, power of attorney -- durable and healthcare, beneficiary designations and revocable trust. One other document that one might wish to have is a digital asset management form.

There are several reasons why some New Jersey residents over the age of 18 require the assistance of others to make sound decisions about a number of things. This is why the state allows for those with certain disabilities to be placed in a guardianship. Once established, can guardianship be changed or revoked?

Guardianship is usually only considered as a last resort. Because it takes away one's right to make personal decisions, there needs to be evidence that going to this extreme is really necessary. The court will only consider granting a guardianship if a physician, licensed psychologist or Division of Developmental Disabilities staff member -- with first-hand knowledge of the person in question -- signs, under oath, that it is needed.

If someone has named you as an executor of a New Jersey estate, it's a good idea to make sure you understand all the duties and obligations that entails. Estate litigation can be a complex, stressful process. Perhaps, you are an heir or beneficiary to someone's estate. Maybe you have been designated to have power of attorney for someone who is now incapacitated.

These types of issues and others are always less stressful to resolve if you understand state laws and know where to seek support, as needed. It is unfortunate but not uncommon for disputes to arise in connection with probate litigation. A will might be contested. One heir might claim that he or she was supposed to receive a larger portion of an estate. Issues like these have been known to cause serious rifts in family relationships.