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estate litigation Archives

New Jersey estate litigation: The Aretha Franklin case

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.

DA's last minute will change led to estate litigation

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.

Help avoid estate litigation with a durable power of attorney

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.

New Jersey estate litigation: Should I contest a trust?

Trust documents are usually pretty iron clad. That being said, those who disagree with the terms of a trust may question the trust document by contesting it in a New Jersey court. If you wish to pursue estate litigation over a trust, you may need to prepare yourself for a long legal battle.

Estate litigation: The Brandon Johnson case

No parent in New Jersey or elsewhere wants to bury his or her child; unfortunately, it happens all too often. In another state, a woman lost her son after he died at a mental health hospital. His loss of life resulted in a civil rights lawsuit being filed and a $1.4 million settlement being issued to his estate. This has sparked estate litigation between his parents.

Family strife could lead to complex and lengthy estate litigation

For New Jersey residents who spend their lives carefully accumulating wealth with the intention of passing down an inheritance to loved ones, few things are more distressing than the thought of their family members fighting over those assets. Yet without proper planning, many families will encounter strife over an inheritance. In the worst outcomes, estate litigation can eat away at an inheritance until there is little left to divide between parties. 

Estate litigation when there is no estate plan

When you lose a loved one, the stress of closing out his or her estate can feel overwhelming. If no estate plan was put in place, you and any other surviving family members or friends of the deceased may find the probate process in New Jersey to be too much to handle. This is especially true if the lack of planning leads to estate litigation.

Who pays for estate litigation?

You were assigned to serve as the executor of a loved one's estate. You go about your business, getting everything ready for distribution to beneficiaries, when all of a sudden the claims start piling in against the estate. Estate litigation is unavoidable, but how will you pay for it? Whether the probate and estate administration process is being completed in New Jersey or elsewhere, you may be able to utilize estate assets to pay for litigation.

New Jersey estate litigation: What to do with the house?

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. 

When mental capacity is questioned, estate litigation may follow

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. 

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Thomas N. Torzewski, LLC

Torzewski & McInerney, LLC
60 Washington St
Suite 104
Morristown, NJ 07960

Phone: 973-532-2868
Fax: 973-359-0077
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