For those who have found themselves in a trust litigation dispute, we highly recommend consulting with the Best Trust Litigation Lawyer in Cherry Hill, NJ from Klenk Law. Strategically, a trust is used by most people because they don’t want their heirs to have to go through the probate process and to save taxes. An irrevocable trust enables asset distribution immediately following a death rather than after the probate process. Though not for everyone, savvy property owners have been using trusts for a very long time and with great success.
When you ask a Best Trust Litigation Lawyer in New Jersey to draft a trust for you, you can feel peace of mind in knowing that a dispute between heirs can be avoided. However, nothing is guaranteed. Some family members will fight no matter what you have done.
Lack of mental capacity is perhaps one of the most common reasons to contest a trust, or will or that matter. This claim is based upon the belief that at the time the grantor signed the document, he didn’t possess the mental capacity, or ability, to understand:
Lack of testamentary capacity could be the result of a number of things including:
As a Cherry Hill, Best Trust Litigation Lawyer in NJ may explain, in order to prove lack of capacity, medical records and witness testimony will likely need to be utilized to prove irrational conduct on the part of the testator. If the court finds this to be true, a judge will oversee the administration of the estate and its assets.
If you have a trust litigation matter, please call the Best Trust Litigation Lawyer in Cherry Hill, NJ at Klenk Law for a free initial consultation.
Peter Klenk is the founding member of Klenk Law, a seven attorney boutique estate planning law firm. We serve clients in Pennsylvania, New Jersey, New York, Minnesota and Florida. Peter Klenk received his Masters in Taxation LL.M. from NYU Law School and his J.D. from the University of Minnesota Law School. He served his country in the Navy JAGC during Desert Storm. Easy to talk to, feel free to call Peter for an appointment. We will make the process as easy as possible!
"I worked for Peter Klenk for 4 wonderful years. I can’t speak highly enough of everyone at the firm. Everyone truly cares about their clients and has a strong sense of responsibility to get things done right. I would highly recommend Klenk Law!"
Flora Novick
Peter and the whole team at Klenk Law are top notch. They are thorough, efficient and understanding of client needs. He was able to tailor our estate planning needs just how we envisioned.
Peter provided outstanding advice and preparation of a will and trusts.
Peter and his staff handled all of our needs in a very professional and timely matter.
Klenk Law is an exceptional practice. Their fine lawyers and staff team up to produce excellent results for their clients. They excel at explaining the often cryptic laws and policies that govern estate planning right down to the complexities of the various "trust" frameworks. Peter himself manages each client together with his great team, and he has a rare quality to be both a walking encyclopedia of planning minutia and also one of the most likable lawyers I have ever had the pleasure of dealing with. He is truly generous in intellect and in his personal approach to getting the "big picture" for complex family structures. I trust him implicitly to help me make the right choices for the future. In short, Klenk Law is a gem of a firm.
Peter explained things in a way that was easy to understand. Everything was done in the time frame he said it. Could not have been better!
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