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estate litigation Archives

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. 

Estate litigation: When a trustee is not trustworthy

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. 

Estate litigation: Settlement finally reached Max Hopper case

A few months ago, this column addressed the massive financial award granted in the Max Hopper estate case. This was the highest amount awarded in an estate litigation case for the year 2017 and the ninth highest estate litigation payout granted in United States history. The defendant in the case continued to fight the matter, and it seems that a financial settlement has finally been reached between all parties. How is this relevant to New Jersey residents? It shows that estate litigation can take time but has its benefits.

Estate litigation and the Glen Campbell case

Glen Campbell, the country music star who is a legend in his own right, died in Aug. 2017. He left behind a massive estate, valued at around $50 million. His wife is said to be at least one of the beneficiaries of the estate, while three people -- the singer's children from a previous marriage -- were not included in his will. This has led to estate litigation and claims that Campbell's wife is to blame for their lack of inheritance. Such claims are fairly common, whether one is closing out an estate in New Jersey or elsewhere.

Estate litigation common for blended families

With the high divorce rate in this county, the number of people in New Jersey and elsewhere who go on to marry again is pretty high. Blending families is a tough job for parents, and sometimes, no matter the efforts taken, there may be some bad blood between step siblings or even step parents. This, of course, can lead to estate litigation issues.

Personal representative problems and estate litigation

You recently lost a loved one and are going through the probate process in New Jersey. The person assigned as the personal representative of the estate is supposedly working away and getting things done, but you are not sure they are doing everything right. There are issues with assets, and you are worried that you and the other beneficiaries will end up with less than you should because of this one person's mistakes. Through the estate litigation process, you can take these issues to court.

New Jersey estate litigation: Who can contest a will?

When a loved one passes away, it is not uncommon for one or more family members to question the validity of the will. It happens far more often than people would think. When it does, it is tempting to contest the will. According to laws in New Jersey and elsewhere, this can only be done under very specific circumstances and through the estate litigation process.

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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
Morristown Office Location