We help our clients resolve disputes relating to the construction of wills, codicils and trusts that may arise when the provisions of these documents are vague, ambiguous or contradictory. When such disputes arise, our clients often benefit from our advice on possible claims for legal errors against the lawyer who drafted the will or codicil. A person`s estate includes all money and property currently held in his or her name at the time of his or her death. These include financial accounts (checks, savings or brokerage accounts), homes, cars, personal items, interest on a small business or other real estate. When a loved one dies, their estate passes in accordance with the instructions in their will or, without a will, the standard state inheritance laws. However, it is possible to set aside a will or trust. A person who challenges a will and will must prove that the deceased did not have mental capacity at the time the document or trust was signed, or that the will or trust was obtained as a result of undue influence, fraud or coercion. In addition, some wills or trusts are invalid because they have not been properly executed or constructed. For example, wills must be signed and notarized in front of two witnesses, with the exception of holographic wills written by the testator (a testator is a person of whom it is a will). Another example is that if the witnesses then signed the will and did not actually see the deceased sign the will, the will can be declared invalid. A multi-million dollar forum of lawyers, the best litigators in America™ One of the requirements for a will is that it be made by a person “with a mind.” Most often, we do not see the will of a loved one until after their death. If this person has made his will without having the necessary mental capacity to do so, it is possible to reverse this will, provided that the inability of the testator to perform can be proved.
A will made by a person who is not in his good spirit is not valid. This applies regardless of whether the testator is still with us or is gone. Sometimes a person who has been classified as mentally handicapped will supposedly have made a will while incapacitated. This event usually signals elder abuse, as the person with a disability would likely not be able to understand a document as sophisticated as a will. Too often, family members who learn of a surprise will assume that they have to wait until the death of the testator to ask a court to invalidate the suspicious will. It`s an old story. Since the old laws were swept away by everyone`s right to make a will, heirs and beneficiaries have rejected even the best-made wills and trusts, often with good reason. In most cases, someone has or someone is doing someone else “dirty”.
Conflicts between family members, heirs and executors can arise before or during the succession of an estate, even if the last will or trust seems clear. But is there anything you can do? What are your rights? Relax, you`ve come to the right place. I will explain testamentary disputes and estate disputes in simple and simple English. Whatever the form, you need a lawyer who is a probate litigator who knows the law and is willing to fight to protect your inheritance. We pride ourselves on communicating with clients and developing a plan. Sometimes that means fighting in court. Sometimes it is enough for the other party to know that you have asked us to protect your interests. A will is a legally binding document used in estate planning that describes in detail how a person wants their property distributed upon death.
The person who writes the will is called the testator, while the person who oversees the process of distributing the testator`s estate is called the executor. Those who receive the property from the executor`s testator are called beneficiaries. In summary, it can be said that the executor of the estate will file an application for succession of the will with the propired court of that state. This provision must be accompanied by an application or notice of succession, which is essentially an announcement that the testator`s will has been filed for the estate. The purpose of this notice is to inform persons interested in the succession that the succession process has been initiated. Those who have an interest in the estate generally include those who have been designated as beneficiaries of the estate. If the person making the will is not incapacitated, challenging a will before death is usually rejected by the courts. New Jersey public policy assumes that adults are able to manage their own affairs.
New Jersey therefore assumes that adults are able to correct any ill will by revoking or modifying it. Mom promises one of her daughters that if she moves in and takes care of herself at home for the rest of her life, that girl will inherit the house. The girl agrees. She quit her job, sold her house and cared for her mother day and night for two years, giving up job opportunities and a social life. But after Mom`s death, the daughter discovers that her mother`s will divides the entire estate, including the mother`s house, among the six children. In this case, the daughter may have a legitimate claim against her mother`s estate for breach of contract. After the death of a person, any interested person can then file a will on the estate or request a determination of the heirs and ask the court to appoint a personal representative. The personal representative has the power to manage the assets of the estate, pay debts and other debts and, ultimately, distribute the assets to the beneficiaries. At any time during this process, there may be estate disputes. Another way to avoid a dispute over your will is to add a non-cancellation clause to the testamentary document. This clause can also be described as an anti-dispute provision. These provisions stipulate that if a beneficiary contests the terms of the will or other instructions on the division of the estate, the beneficiary automatically loses all rights he may have over the estate.
Trustees and executors have a duty to keep all assets of the estate separate, identifiable and accountable to the beneficiaries of all funds that enter and enter the estate or trust. .