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Kearny Estate Blog

No matter the cause, we can help navigate probate litigation

New Jersey residents who are sitting down to plan their estates generally do not want, or expect, a court fight to erupt over their will, or trust for that matter, after their deaths. Preventing intra-family conflict or other legal problems after one's death is precisely the reason many people engage in estate planning in the first place.

Unfortunately, though sometimes New Jersey probate litigation is hard to avoid.

Putting the correct value on a family business

One of the most important jobs the executor of a will has is to place values on the different assets of the estate. In many cases, this is relatively straightforward. For instance, with respect to a bank account or other liquid asset, it may just be a matter of figuring out the account's balance at the time of death. In other cases, such as in the case of a car, the process may be a little harder, but there will usually be other similar vehicles one can compare the car to to guess the vehicle's value.

Such is not the case with respect to a small business. While some comparison is possible, every business is unique and, without a set stock price or a sale of the business, it can be hard to determine how much a decedent's share in their business is worth.

Planning for long-term care for your aging parents

At some point in your life, a parent or loved one may become incapable of performing everyday tasks.

For instance, your father may develop Parkinson’s disease, which can leave him shaky on his feet. He may no longer be able to take out the trash, or carry a load of clothes to the laundry room.

What can I do about end-of-life decisions?

As this blog has mentioned, it is very important for New Jersey residents to implement a legal plan so that their assets get passed down to the next generation as they wished following their deaths. However, creating a will or trust is not the only critical step in the estate planning process.

A resident of Kearny or the other northern communities around Newark also needs to deal with the fact that they are likely going to need help making end-of-life decisions. After all, as one gets older, and sicker, it becomes more and more likely that he or she will not be able to communicate personally with his or her medical professionals.

Overview of the grounds for challenging a will or trust

In many cases, it is in a New Jersey resident's best interest to make a will as part of her estate plan. One of the biggest risks in doing so, however, is that a will must go through the probate process and, during that process, can get challenged in court.

It should be noted that other estate planning documents, like trusts, can also have their validity challenged by an angry family member via what can still appropriately be classified as probate litigation, as these sorts of claims work in the same way even when the document in question does not technically go through probate.

Helping executors navigate the probate process with confidence

Even a New Jersey resident who has some experience with the law or with financial matters may feel a bit overwhelmed when he or she finds out that he or she has been named as the executor or administrator of an estate.

Assuming this position, which requires a lot of time and responsibility, can be especially difficult when the estate is large or just complicated, when there is tension between beneficiaries or even when the executor was close to the person who died and is also trying to process the death.

A big question for retirees

To spend or to save? This is a question that can come up throughout a person’s life. This includes during retirement. For retirees, this question can take on a slightly different form: Should I plan to spend most or all of my nest egg or should I plan to leave some behind to give as an inheritance to my loved ones?

Why every parent needs a will

Parenting is a lot of responsibility, combined with a lot of work. It also takes a lot of energy. That may be why many parents don’t get around to making a will right after a child is born. That’s okay.

However, even for parents in their 20s or 30s, a will is a very important document to have. Not just for your child but for your family and friends as well.

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