After someone has died, the assets and debts owned by the decedent form an estate. Probate is the legal process of distributing estate property to heirs. However, sometimes creditors make claims during probate to estate assets due to unpaid debts. Matters can become...
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Estate Litigation
Why last-minute will beneficiary changes are questionable
In estate planning, testators are free to modify their wills, especially when changes in circumstances warrant the modification, such as acquiring new property or welcoming a new member to the family. In New Jersey, testators can revise their wills by creating a...
What is a breach of fiduciary duty?
A fiduciary is someone a person entrusts with managing their assets and affairs. In estate planning, this is typically the executor or trustee, the person designated to settle the person's estate and fulfill their wishes according to their will or estate plan. The...
Why should you question the estate plan of a lonely relative?
Loneliness has reached pandemic proportions among seniors in the U.S. In fact, according to the Centers for Disease Control and Prevention, more than one-third of older individuals report feeling lonely. Sadly, loneliness correlates to poor health and even early...
What will happen if I disinherit my spouse?
There is an assumption under the law that you will include all rightful heirs in your estate plan. However, you have the right to decide not to include anyone you want. When you do this, it is disinheriting the heir. While you have the ability to leave your spouse out...
Ways in which a poor executor can lead to court action
In estate planning, the executor of an estate plays a very important role. Most people trusted with this role discharge their duties in full accordance with the relevant legal principles. However, some executors take advantage of the situation or lack essential...
For seniors, isolation and undue influence can go together
For many different reasons, isolation has become a significant problem for senior citizens in the U.S. recently. In fact, according to reporting from Consumer Affairs, 43% of Americans over the age of 60 claim to be lonely. Not only is this number sad, but it also...
Who has the standing to contest a will?
When you set out to construct an estate plan, you do it with the intent that it will make things easier on your heirs after you die. Have you done enough to stop someone from coming in and challenging the will during probate? New Jersey law allows those with standing...
The basics of a will contest under New Jersey law
Most experienced attorneys urge their clients to create an estate plan, including a will and possibly a trust. An estate plan will help avoid the kind of family strife that might arise over the distribution of assets after the person has passed away. However, even an...
Executors may breach fiduciary duty when managing estate
An executor of an estate is essentially responsible for managing affairs relating to the estate. From filing tax returns to paying off debts, the executor must always make sure that he or she is acting in the best interests of the decedent and the estate....









