Dealing with the death of a loved one is difficult, and it doesn't always bring out the best in people. If you recently lost a loved one and have concerns about the state of his or her estate and how it is being handled, you do not have to sit by and let whatever is going to happen, happen. You may be able to do something about it so that you can make sure the estate is administered, not only per New Jersey law but also the way your loved one wanted.
Many married couples in New Jersey and elsewhere jointly own all of their assets. This means that if one spouse dies, the other will retain total control of the property. If this is how it works, it is understandable that the surviving spouse would want to know if he or she has to go through the probate process in order to officially close out the estate.
When a loved one dies, there is hope that the estate administration process will be completed quickly and without issue. Unfortunately, many in New Jersey and elsewhere find that this is not the case. The Stuart Scott estate litigation case is a prime example of this.
Siblings do not always get along. Fighting and disagreements are normal in sibling relationships. Unfortunately, some sibling relationships are worse off than others. When parents pass away, sibling rivalry may affect estate administration. In New Jersey and elsewhere, estate litigation may be the only way to resolve any disputes that arise if this is the case.
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.