Best 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.
- Mistake in execution
- Undue influence
- 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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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!
What Our clients are saying
Dylan. S
Peter provided outstanding advice and preparation of a will and trusts.
Brandon. L
Peter was excellent. He explained everything very clearly and is super friendly. My wife and I originally tried using a lawyer through group legal coverage, but unfortunately the old adage - "you get what you pay for" - applied to the other lawyer, and we decided to go with a real professional.
Nafeesha. B
When it came down to picking the right attorney to handle my affairs, I knew right away it was this firm. From speaking to their secretary to speaking to Peter I knew I was making the right decision. After only a few mins Peter knew right away what I was looking for and handled all my questions professionally and even gave me great feedback that put my mind at ease. All that without even giving a single penny! So of course I hired him! So far so good...
Chris B.
AWESOME LAWYER! Peter Klenk is an exceptional attorney and a very nice person! Today I spoke with Peter about estate planning and was impressed with by his professionalism, cordiality, and attention to detail. I highly recommend Klenk Law for probates, wills, trusts, and other issues germane to estate planning!
Qiana Wright
Great friendly staff
Susan W.
Tremendous firm with bright, kind and tenacious people. Great representation for our family.
Linda F.
I'm totally satisfied with Klenk Law. Peter has a great legal mind with the personality of the guy next door.
Sheldon P.
Everything about my experience was a 10+! Peter and his staff made what I thought would be a difficult process easy and understandable. Every detail was handled correctly. No other firm could possibly do better than Klenk Law!
Ronald W.
Peter and his staff are very responsive and always willing to help my clients and in a cost efficient manner.
D.P.
Like another reviewer, I contacted Peter through his website using the free consultation link, for a question regarding PA inheritance taxes. The question was quite technical and difficult to explain, and the answer was nowhere to be found on the web. Peter grasped precisely what I was asking, and provided a clear, helpful response (with a touch of humor) the very next day.
Darryl J.
Answered my question quickly and referred me to a colleague that could handle my problem
Ian Marchant
Mr. Klenk, quickly understood the circumstances presented and provided clear and concise advice. This advice provided me with the information I required to progress the case to my advantage.
Andrea Wilson
Peter is excellent. I had a very complicated situation with my parents' estate planning and potential Medicaid needs. Peter was very knowledgeable in estate planning matters, able to define the best solution for the situation. Additionally, he was congenial and able to communicate effectively to my senior citizen parents the benefits of estate planning. He earned my trust, and more importantly, my parents' trust in a 45 mins consultation period. Highly recommend Peter. He is very easy to work with.
Chantee C.
Peter recently gave a presentation about Wills & Trusts at my employer, and it was fantastic! He was extremely knowledgeable and provided valuable information to the group. People were very engaged and asked several questions, all of which Peter thoroughly answered. Personally, my husband and I have selected Peter to help us with our estate planning, and he has been very helpful in providing us with all of the information we need to provide a secure future for our family. Thank you, Peter!
Dylan Small
Peter provided outstanding advice and preparation of a will and trusts.
Christopher F.
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!
Albert A.
You & your staff are the best thank you for everything.
Stephen T.
Peter and his staff handled all of our needs in a very professional and timely matter.
Maxine G.
Peter Klenk made a complex subject understandable and allowed us to move forward with our estate planning. He was patient with our questions and creative in the solutions he proposed.
Brian M.
Peter explained a complex subject very clearly, helped us to decide the best approach to managing our estate and then made it very easy for us to execute the required documents. He will be a valuable resource for years to come and clearly has a great understanding of estate law that will lead to innovative solutions for us. I would unhesitatingly recommend him for estate planning.
Chris Curcio
Fantastic customer service. Very personable and most importantly they provide great explanations of what is required based on your individual needs. Highly recommend Klenk Law for anyone that needs to create a will and estate documents.
Joe Peters
Always professional and very responsive. Everyone on the staff that I have worked with. I look forward to continuing our relationship.
Michael Patete
Surprisingly easy
MJG
Affable...yet surprisingly cerebral estate planning atty. High marks all the way around.
A.R.
Peter and his associates made things easy for us.
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