Using Trusts to Aid the Estate Planning Process
Understanding How Trusts Work With an Estate Plan You may have clear ideas about how your assets should be managed and distributed as part of an estate plan. While a will can be an important part of your plan, it can be more easily challenged in a New Jersey probate court. Trusts can provide a greater amount of...
Common Types of Trust Litigation
Reasons Why a Trustee May Be Sued Trustees are responsible for administering assets for a third party. In some instances, it is necessary to file a lawsuit against a trustee for various reasons, so trust litigation may be required to make sure that the trustee lives up to the terms of the trust; at the same time, if...
Overview of Comprehensive Estate Planning
The Importance of Comprehensive Estate Planning Although something of a cliché, there is a great deal of truth to the adage that it's never too early to start estate planning. By that, it is meant that if you are an employed adult with income coming in and you've started to accumulate some assets, you need to give...
What Is a Conservator?
Conservatorship and Estate Planning in New Jersey Under New Jersey state law, if a person with assets isn’t capable of making viable financial decisions, the court can appoint a third person as a conservator. This process is set out at length in New Jersey Court Rule 4:86-11. If you have minor children, an important...
Undue Influence in Wills and Estate Planning
The Effect of Undue Influence on Wills One of the reasons that a will may be challenged in court is that someone had undue influence on the person signing the will. If this is successfully proven, then the will may be found invalid. Here is some helpful information on what the term "undue influence" means and how to...
How to Plan Your Estate Without Making Costly Mistakes
The Effect of Undue Influence on Wills One of the reasons that a will may be challenged in court is that someone had undue influence on the person signing the will. If this is successfully proven, then the will may be found invalid. Here is some helpful information on what the term "undue influence" means and how to...
Can You Challenge a Probated Will?
Common Mistakes That Occur When Planning an Estate While many individuals believe that estate planning is only necessary for people who have a significant amount of assets, the truth is that practically everyone should create an estate as long as they have at least one notable asset. In 2019, a study found that only...
Estate Issues and Dementia
Can You Challenge a Will After the Probate Process? In the cases of multiple wills, you will want to get your case before the judge. Once a will is accepted as the final document by the court, you will need to file a petition to invalidate it. This process is not easy, and it requires the help of an estate litigation...
What Happens After the Probate Is Closed?
Estate Planning for a Loved One With Dementia Dementia affects nearly 6 million people in the United States, according to the Alzheimer's Association. Naturally, estate planning can be quite difficult for someone who has been diagnosed with dementia. However, proper advance planning and quick action can help lead to...
Including Your Pets in Your Estate Planning
Executor’s Role in a Closed Probate Probate is a good idea when it comes to asset distribution, but it isn't necessarily a requirement in New Jersey. Movies have shaped our way of thinking about executors and closing estates; you might think there is a dramatic final reading of the will or files shuttered into a file...