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Klenk Law

Estate Lawyer Allentown, PABest Trust Litigation Lawyer Cherry Hill, NJ 

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.

Challenging a Trust

There is no guaranteed strategic success after drafting a trust. Sometimes the beneficiaries, or other interested parties, challenge the trustee’s actions.  Further, they may challenge the trust’s validity. If this should happen, a lawsuit may be filed. An NJ Best Trust Litigation Lawyer in Cherry Hill has found that most situations include at least one of the following situations. Bear in mind that trusts disputes tend to involve people outside of the trust unhappy with the trust terms.  Typically, exclusion from the trust causes the dispute. 

  1. Mistake in execution
  2. Undue influence
  3. Lack of mental capacity

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:

  • The nature of the property
  • The value or worth of the property
  • The parties’ who would receive the property
  • How the property would be distributed

Lack of testamentary capacity could be the result of a number of things including:

  • The natural aging process
  • A condition like dementia
  • A head injury
  • Being under a substantial amount of medications

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. 

The Construction of a Trust
In some occasions, a trust may contain language that is contradictory or confusing. A Trust Litigation Lawyer in Cherry Hill, NJ is aware that ambiguities and mistakes are possible.  Especially when a trust has been prepared by the testator alone. If this should happen, a judge may need to rule on whether or not the trust should be revised or reformed. In the rare event that all trustees who have been named in the trust have died, and the estate, or trusteeship, is vacant, the court will likely need to get involved. 

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. 

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Professional, cheerful, thorough and fast. Peter responded to my request for a consultation right away, and within just a few days my last will and living will were done. Rates are standard.

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Peter Klenk was great in leading us in the estate planning process.He was clear in describing the various steps and what they would accomplish. We were well satisfied and pleased that we had Peter to guide us.

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I'm totally satisfied with Klenk Law. Peter has a great legal mind with the personality of the guy next door.

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Peter provided outstanding advice and preparation of a will and trusts.

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