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...
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Estate Litigation
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....
After 15 years, dispute over James Brown estate resolved
Individuals in New Jersey take the time to develop an estate plan as a way to protect heirs, prevent or ease the probate process and pass their property to the beneficiaries named in their will or trust. However, an estate plan can be complex and multifaceted. Even if...
The definition of interested party in estate litigation
If you need to engage in estate litigation, you should have some legal standing in the case. In essence, this means you stand to gain or lose something in the court system. In the case of a will contestation, one of the most common instances of estate litigation, your...
Can I get more from my spouse’s estate if the will limits my inheritance?
Losing your spouse is traumatizing and often changes your whole life. Finding out after the death that your spouse did not adequately provide for you in his or her will can be devastating. Regardless of the reason behind the decision, you may wonder if it is possible...
When can you contest a will?
When someone names you as a beneficiary in his or her will, you may have to wait for the estate to go through probate court before you get anything out of it. If you have suspicions about anything that appears in the will or believe its author may have drafted it...
Are executor mistakes a breach of fiduciary duty?
Executors are responsible for handling an estate's assets. When it comes to estate administration, this may involve the settling of debts, the payment of taxes, and distributing assets to named beneficiaries. The role of an executor is important, which is why...
When the executor of an estate fails to do anything
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...
New Jersey estate litigation: How to keep stress low
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...