Morristown Estate Litigation Blog

When a loved one passes away, the last thing anyone wants to do is fight over his or her estate. Unfortunately, every so often, there is good reason to do so. For example, if one believes an issue exists with the will, filing a motion to contest it may be the right thing to do. Not just anyone can challenge a will, though. In New Jersey and elsewhere, only certain individuals have the legal standing to do this. 

To challenge a will, one must be affected by its terms, either personally or financially. Such individuals may be heirs-at-law, disinherited heirs-at-law, beneficiaries listed in a prior will or fiduciaries named in a prior will. Minors are the exception here, as they cannot initiate legal proceedings on their own. A parent or guardian may submit a motion to contest a will on behalf of a minor, however. 

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.