Morristown Estate Litigation Blog

Few New Jersey residents have the same level of assets music icon Aretha Franklin had when she died. Still, her case is one everyone can learn from. She is said to have died intestate -- without a will or trust. This means that probate is necessary and estate litigation is a very real possibility, which could drag out the administration process.

According to a recent report, Aretha Franklin left an estate valued around $80 million. She has four adult sons to whom the estate will ultimately be distributed, but only time will tell how that will all work out in the end. Without a trust in place, there are no tax protections, meaning roughly $27 million will go directly to Uncle Sam. If the singer had any debts, those will need to be paid and who knows how many people will come forward trying to claim rights to portions of her estate.

A district attorney in a neighboring state died from cancer in 2016. Less than two week's before his death, he changed his will. This resulted in his mother pursuing estate litigation in an effort to get the new will thrown out. Such legal action may also be pursued in New Jersey for individuals dealing with the same type of situation.

According to a recent report, the man's new will essentially cut out his mother and left everything to his children and wife. In his previous will, which was written in 2008, his mother and other family members stood to inherit $900,000. His mother claims that his widow manipulated him into signing a new will in his last days. His wife disputes this claim.

If you are someone who was shocked to find out what bequests and provisions your deceased New Jersey parent’s will contained, you may be wondering how in the world (s)he made such bequests. They do not seem to sync with who (s)he was and how (s)he normally acted. Before you conclude that you did not know your parent at all, consider the possibility that (s)he was under someone else’s undue influence at the time (s)he made the will.

A person must have a sound mind when making a will. What this means in New Jersey is that when your parent executed the will, (s)he had to exhibit all of the following:

1. General knowledge of the nature and extent of his/her assets
2. General knowledge of who his/her natural “objects of bounty” were, i.e., children, grandchildren, etc.
3. Specific knowledge that (s)he was making his/her will
4. Freedom from delusions or influences that would cause him/her to make unexpected or unusual bequests

People in New Jersey and all over the country have a lot of ideas on how to set up their estate plans to make things easier on their loved ones. Conflicting advise may be given from people in varying fields of expertise. There are several ways to set up an estate plan that can help loved ones avoid estate litigation. Utilizing a durable power of attorney is one option.

In another state, a man was told by his banker that adding his son as a co-owner on his bank accounts would be a great way to pass assets directly to his son when he dies or for his son to handle any financial affairs for him if he were to become incapacitated. It may sound like a good idea, but it has a lot of potential problems. This is certainly not a suggestion an estate planning attorney would make, and here is why.