If a loved one passes away without a will or trust, it is all too common for family members to fight about what to do with assets. In New Jersey and elsewhere, one of the most significant assets people have when they die is their home. Changing the deed to a house is not necessarily difficult, but if beneficiaries are fighting over the property, estate litigation may be the only way to resolve the issue.
It is paramount to create a will and form a thorough estate plan early on in life. One recent survey conducted by Caring.com found that approximately 40 percent of American adults have a will. One aspect even more shocking is that only 36 percent of parents of children younger than 18 have a will.
Losing a loved one is never easy. Getting through New Jersey's probate and estate administration process just makes everything more difficult. Estate plans are made and changed, often many times over. When certain decisions or adjustments are made that do not make sense to family members, some may choose to question the testator's mental capacity and challenge will or trust documents in court. In such cases, estate litigation may not be avoided.
Your loved one died. You are doing the best you can to grieve and move on. This individual left you and your family a trust with assets that are supposed to be, over time, distributed according to the trust plan. A trustee is in charge of doing this, but due to certain actions being taken, you do not believe him or her to be trustworthy. In New Jersey, estate litigation may be the only way to resolve the matter.