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Klenk Law

Estate Litigation Attorney Cherry Hill, NJEstate Litigation Attorney Cherry Hill, NJ

Facing Estate Litigation

Losing a loved one is a natural process that no person wants to experience. When it comes to the will, you may have concerns over how it may have been executed. There are a number of reasons to contest a will. Naturally, you will have a variety of questions regarding the process for doing so. Disputing the will of a loved one can be complicated, often resulting in tensions amongst family. At times, this can be a recipe for an increased level of stress and conflict during a time when you are most likely grieving your loss. An estate litigation attorney in Cherry Hill, New Jersey has the ability to provide answers to your questions during this trying time.

Who has the ability to contest a will?

In order to contest a will, a person must have an interest in being able to do so. This means the person coming forward must be someone who stands to be affected directly by the validation of the will in probate. Examples of those who may have the ability to contest a will can include:

  • Spouses
  • Children
  • People named in a prior will

If beneficiaries believe that they received an unfair share, or, were left out of the will altogether, they may have the ability to contest the will. However, it will be important to consult with a Cherry Hill, NJ estate litigation lawyer prior to moving forward to determine your standing.

What is required to contest a will?

During the probate process, there is a window of time in which you may have the ability to come forward to contest the will. One of the first steps to probate is the process where the will is officially validated by the court. In order for a will to be contested, one or more of the following elements must be present:

  • Improper execution of the will
  • The person was not of sound mind
  • Undue influence or fraud
  • The person was under the influence

Disputing a will is often an atypical experience. Because of this, moving forward with the process may require the help of an estate litigation attorney in Cherry Hill, NJ

Can an estate litigation attorney help me with this process?

Contesting a will can be a complicated process that will most likely require the assistance of an attorney. Working with an estate litigation attorney can provide you with the guidance needed to determine if you have grounds to move forward with contesting a will through the probate process. While you may have reasons for wanting to contest a will, it’s important key variables are present in order to do so.

Prior to moving forward, it’s important to carefully consider the ramifications. It’s not uncommon for emotions to run high. However, there may be grounds to move forward with this process. Obtaining legal representation can help you in managing this process in the best way possible.

There are a variety of reasons a family member may choose to contest a will during the probate process. Some of them may be incredibly valid. However, it’s important to first consider the consultation of an estate litigation attorney Cherry Hill, NJ clients recommend to determine if you have the ability to move forward with this process.   

Facing Estate Litigation

It is not uncommon for families to disagree on how to divide a loved one’s estate.  Each Klenk Law estate litigation attorney Cherry Hill, NJ residents, rely on understands these conflicts. Even when a decedent prepares a valid will or living trust, a will contest or other estate dispute may occur. If you are dealing with an estate issue, contact a Cherry Hill, NJ estate litigation lawyer at Klenk Law.

We have been advocating for clients in probate disputes for more than 25 years and can assist you with whatever legal issues you may be having.

Estate Litigation

When a person dies, her assets and property usually go through the probate process. If there is no will, then a New Jersey resident’s estate is divided and settled under the New Jersey intestacy rules. If there is a will, then assets are distributed by the decedent’s wishes.

Having a will is no guarantee that the heirs and other beneficiaries will agree on the instructions left in the will. When this happens, it usually becomes necessary for estate litigation. Reasons why estate litigation may occur include:

  •       The decedent lacked testamentary capacity;
  •       There was undue influence by another party when the will was signed;
  •       There is more than one will;
  •       The will contains amendments that are legally ineffective or improper; or
  •       Allegations of wrongdoing on the part of the executor.

Reasons why you may need an estate litigation attorney Cherry Hill, NJ

Even in situations where the decedent had a living trust set up, there can also be legal issues. Reasons why you may need an estate litigation attorney Cherry Hill, NJ families recommend for trust estate litigation include the following:

  •       Trust documents that are invalid or incorrectly drafted;
  •       Mismanaged or misappropriated trust assets;
  •       Tax issues;
  •       Improprieties or mistakes in the disbursement of funds from the trusts; and
  •       The non-disclosure of investment actions or other financial information regarding trust funds.

More Reasons.

In addition to contesting wills and trusts, other probate law issues that may arise that will require the assistance of an estate litigation attorney Cherry Hill, NJ locals depend:

  •     The division of a family business or business interests;
  •     The ownership and value of real estate property, personal property, and accounts held at financial institutions;
  •     Disputes over the division of an estate when there are blended family or former spouse issues;
  •     The improper administration of the decedent’s trusts, wills, or other financial resources. Attempting to litigate these complicated legal issues without the representation of a qualified estate litigation attorney can result in the loss of being awarded the inheritance that your loved one wanted you to have.

Attempting to litigate these complicated legal issues without the representation of a qualified estate litigation attorney can result in the loss of being awarded the inheritance that your loved one wanted you to have.

Contact an Estate Litigation Attorney Cherry Hill, NJ Clients Trust Today

If you have lost a loved one and suspect there was inappropriate or invalid activity before your family member died which should negate any wills, trusts, or other estate documents, you should discuss the situation with a skilled estate litigation attorney in Cherry Hill, NJ. The legal team from Klenk Law will use all available resources to ensure that you get the best possible outcome under the circumstances of your case.

Call our office to set up a free consultation with an estate litigation attorney Cherry Hill, NJ today.

What Our clients are saying

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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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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.

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Peter and his staff handled all of our needs in a very professional and timely matter.

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Answered my question quickly and referred me to a colleague that could handle my problem

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Affable...yet surprisingly cerebral estate planning atty. High marks all the way around.

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