Common Disputes Leading to Estate Litigation

1
Common Disputes Leading to Estate Litigation
If a person creates a Last Will and Testament in
order to distribute assets and property following
his or her death, that person likely thinks that
there will be no challenges to the will in the
probate process. However, because probate is a
public legal proceeding, anyone who may have an
interest or possible chance at receiving any of
the assets from a decedents estate may take the
opportunity to file a claim against the estate
in probate court. The most common disputes that
ultimately lead to estate litigation are listed
below. Second Marriages
2
If you have remarried, you should immediately
consider updating all of your estate planning
documents, including your Last Will and
Testament. In many cases, a second marriage can
mean that you would want your property and
assets distributed differently. Additionally, if
there are minor children involved, you should
absolutely consider how your estate plan will
affect any possible inheritances you would want
to bestow upon them. If you fail to update all
of your estate planning documents, then the
probate court will have no choice but to honor
the original documents, which means that all of
your assets and property will go to your
previous wife. In some cases, even if you have
updated your Last Will and Testament, a previous
spouse may feel frustrated or hurt and still
attempt to file a claim against your estate in
the probate process. Make sure that you speak
with your current spouse and any beneficiaries
and heirs you plan to give assets or property to
so that they are all clear on what they will
receive following your death. Additionally, you
should consider registering your Last Will and
Testament with the state of New Jersey so that
the state has a copy on file.
Undue Influence/Coercion In some cases,
beneficiaries feel that they should have received
more from the decedent. In these cases, they may
have a legitimate concern that the decedent was
unduly influenced or coerced in some way by
another party prior to their death and influenced
to change their estate planning documents. This
may occur in nursing homes with unscrupulous
nursing home employees, or in any situation in
which a person begins to have influence or an
opportunity to manipulate an elderly person. This
type of fraud can be prosecuted and litigated by
the family of the deceased. Contact an
Experienced Estate Attorney Today If you believe
that you have a valid claim and need to file your
dispute against a decedents estate, our
experienced attorneys can help you in this
matter. If you are drafting your estate planning
documents, we can help ensure that your Last
Will and Testament is executed in such a way as
to prevent frivolous or invalid claims against
your estate in probate. Contact our legal team at
Giro Law at 201-690-1642.