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:
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.
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.
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;
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.
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.
Still Unsure if you should contact an Estate Litigation Attorney in Cherry Hill, NJ?
Estate planning might be complicated, but when it comes to estate litigation, any number of complications can arise; this is one of the many reasons why it is important to speak with a Cherry Hill, NJ estate litigation attorney if a dispute has arisen or is threatening to arise. When a person dies, whether they have left a will or trust, or nothing at all, family disputes are certainly possible. If one should arise, a highly contested probate process or estate litigation could ensue. In such situations, benefiting from the guidance of an experienced Cherry Hill, NJ estate litigation attorney can be an invaluable experience.
When a dispute does arise, it is advisable to consult the legal team at Klenk Law for help and advice. Whether you are an heir, beneficiary, executor, or administrator, if you are dealing with a dispute, please schedule a consultation with a Cherry Hill, NJ estate litigation attorney as soon as you have need of guidance and support.
We have decades of experience in handling estate litigation matters including:
Additional Litigation Services
In addition to the common estate litigation issues above, we can also help you with:
One of the most common types of estate litigation cases we handle is a will or trust contest. Typically the testamentary documents are the keystone of the estate that has been left behind. If there is any uncertainty about the validity of estate planning documents, a beneficiary may proceed to take action. It is also possible for a person who is not named in the estate, to take litigation action if they believe they should have been named. Whether a person is seeking to safeguard the integrity of the estate, or challenge what has been left, this is a sensitive subject matter that should be overseen by a seasoned Cherry Hill, NJ estate litigation attorney.
Reasons to Challenge a Will
If you are invested in matters involving an estate and you believe the estate is vulnerable or jeopardized, you’re not getting your fair share, or you’re being accused of mishandling the estate, it is advisable to have a Cherry Hill, New Jersey estate litigation attorney help you with your situation as soon as possible. Don’t wait. Protect your rights and options by calling today. We look forward to speaking with you.
Peter provided outstanding advice and preparation of a will and trusts.
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.
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...
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!
Great friendly staff
Tremendous firm with bright, kind and tenacious people. Great representation for our family.
I'm totally satisfied with Klenk Law. Peter has a great legal mind with the personality of the guy next door.
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!
Peter and his staff are very responsive and always willing to help my clients and in a cost efficient manner.
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.
Answered my question quickly and referred me to a colleague that could handle my problem
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.
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.
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!
Peter provided outstanding advice and preparation of a will and trusts.
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!
You & your staff are the best thank you for everything.
Peter and his staff handled all of our needs in a very professional and timely matter.
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.
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.
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.
Always professional and very responsive. Everyone on the staff that I have worked with. I look forward to continuing our relationship.
Affable...yet surprisingly cerebral estate planning atty. High marks all the way around.
Peter and his associates made things easy for us.