In New Jersey, as in other states, when someone dies, his or her creditors have the right to be notified. They also have the right to make claims against the estate in an effort to collect what is owed to them. Creditors only have a short window to file their claims, but in that time, they can do a lot of damage. For instance, liens may be placed on property, such as a house, preventing beneficiaries from doing anything with it until the lien is dismissed or paid. Fights with creditors can, of course, lead to estate litigation, which can take time to resolve fully.
Too many people in New Jersey and elsewhere do not have wills or proper estate plans in place. Those who do may not have their estate planning documents stored in locations that are accessible to all concerned parties. An individual in another state recently shared a story of how a hidden will resulted in the loss of his or her inheritance. Now this person and his or her siblings are wondering what can be done about it. Through estate litigation, it may be possible for these family members to take back what they believe is rightfully theirs.
Working through the estate administration process, whether in New Jersey or elsewhere, can be challenging in many ways. This is particularly true if there are concerns that undue influence was behind a loved one's estate planning decisions. When this is suspected, estate litigation may be unavoidable.
Losing a loved one, no matter when or how it happens, can be painful in a number of ways. When his or her estate is being administered, the last thing you should have to worry about is whether the executor is fulfilling his or her duties honestly and with the best interests of the estate in mind. Unfortunately, while working through the loss of your loved one, you have found yourself questioning the executor's actions. In New Jersey, this type of issue may be resolved through estate litigation.
Most people in New Jersey will die with some amount of consumer debt. In fact, according to the New York Federal Reserve, it is believed that 75% of Americans will die in debt. Figuring out who is responsible for that debt may lead to estate litigation.
Brothers and sisters do not always get along, and they do not always agree on the right way to handle various situations -- such as when a parent dies. Recently, a story was shared about how one sibling, out of three, took charge when their mother died. The decisions this one sibling is making are not sitting well with at least one of the other siblings. This kind of thing, whether it happens in New Jersey or elsewhere, may require estate litigation to resolve.
Some of the family members of a man who allegedly made millions in the stock market have taken his designated heir and agent to court, asserting that this individual should not receive the inheritance supposedly left him. Why? They claim that forgery and fraud are the only reasons he was left anything in the first place. When such beliefs exist in estate cases in New Jersey or elsewhere, estate litigation may be unavoidable.
New Jersey residents may or may not be aware of the fight over the estate of Jeno and Lois Paulucci. He, a famed businessman, and his wife passed away in 2011, leaving a vast estate worth millions to his named heirs. Unfortunately, various claims made against the terms of the estate plan caused family fights that led to estate litigation that has just now come to a close.
After losing a loved one, the desire to get through estate administration as quickly as possible is understandable. However, there are times when holding things up and really digging into that individual's estate plan is necessary and for the best. While most wills and other estate planning documents are legally valid, there are those that are questionable. In New Jersey and elsewhere, estate litigation often arises over the desire to contest a will's validity.
When a person dies, his or her estate typically passes to his or her spouse, unless that individual is unmarried, widowed or leaves specific instructions stating that assets should go elsewhere. When a spouse is left out of a will, he or she can either accept it or, according to the state of New Jersey, may be entitled to claim an elective share. Doing the latter can lead to estate litigation.