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 its execution process. There are several 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, can provide answers to your questions during this trying time. Don’t go to someone who dabbles in estate work, get a real Estate Litigation Attorney in Cherry Hill, NJ.
To contest a will, a person must have an interest. Being an Interested Party 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 essential to consult with a Cherry Hill, NJ estate litigation lawyer before moving forward to determine your standing.
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 court officially validates the will. Typically, will contests result from one or more of the following:
Improper execution of the will
The person was not of sound mind
Undue influence or fraud
The person made the will only because of undue 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
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 critical key variables are present. Before moving forward, 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 essential first to consider the consultation of an estate litigation attorney, Cherry Hill, NJ clients recommend. Use this information to determine if you wish to move forward with this process.
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, relies 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:
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 a qualified estate litigation attorney can result in losing an otherwise winnable case. Further, you may spend much more as an experienced attorney can avoid pitfalls and deadends. Why take a chance with the inheritance that your loved one wanted you to have.
If you 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.
Estate planning might be complicated, but estate litigation is more so. Any number of complications can arise; this is one of the many reasons why it is crucial to speak with a Cherry Hill, NJ estate litigation attorney if a dispute has occurred or is threatening to emerge. When a person dies, whether they have left a will or trust, or nothing at all, family disputes are undoubtedly 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 need guidance and support.
We have decades of experience in handling estate litigation matters, including:
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. If there is any uncertainty about the validity of estate planning documents, a beneficiary may proceed to take action. It is also possible for an unnamed person to take litigation action. 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.
If matters involving an estate interest you, and you believe the estate is vulnerable or jeopardized, you’re not getting your fair share, or you’re 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.
Estate Litigation Attorney in Cherry Hill, NJ, It’s What We Do!
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!"
I contacted Peter through his website using the free consultation link for a question regarding a will. While I was expecting only a few minutes, it was a lengthy conversation. He made sure he understood the situation by asking many questions before offering advice. He then went through my options and results of each one. He left it up to me to decide if I wanted to proceed and did not push me toward one or another. His website has very useful information which I definitely researched before I called him. While I decided not to proceed at this time, I feel I had enough information to make that decision. I would not hesitate to hire him should I need to in the future.
Peter provided outstanding advice and preparation of a will and trusts.
I saw four lawyers and was told by all of them; I should just forget contesting my mother's will. I knew what happened, but it is very hard to prove undue influence. I contacted the Law Offices of Peter L. Klenk & Associates. Attorney Amanda DiChello took my case. They were very honest and upfront about what would be involved trying to prove what I knew was true. Attorney DiChello may be young but she is extremely knowledgeable and skilled. She listened and understood what I conveyed to her. She knew exactly what information to use and crafted an outstanding interrogatory and many powerful depositions. Attorney DiChello understood the various emotional feelings this case created for my family and me; she was always there for us with a kind and encouraging word. We went to trial. The amount of work which she and her Paralegal did for the trial was incredible. They both knew my case inside and out! Attorney DiChello's powerful interrogative and thinking skills produced a positive outcome. Attorney DiChello did what other seasoned lawyers said was impossible!
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 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.