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.
In many cases, it does seem like something nefarious is going on, such as when a previously distant relative or friend suddenly becomes the person's primary heir or, alternatively, when a sitting executor of an estate is not able to account for how he or she is handling the estate but is suddenly able to afford a better lifestyle.
No amount of estate planning can altogether stop someone from being greedy or hungry for power. Sometimes, only litigation will suffice.
By the same token, sometimes a will or trust may just be unclear as to what is supposed to happen to a given piece of property or it may have not accounted for a change in circumstances that no one could have anticipated. In these cases, estate litigation may involve two people who both seem to have legitimate legal claims to the same property.
Whatever the cause, probate and estate litigation is very stressful and oftentimes time-consuming and costly. This is why many New Jersey residents who are involved in some sort of probate litigation often come to our law office for professional assistance in dealing with it.
With over 45 years of experience between us, we can advise families how to get through litigation with it being as minimal of a burden as possible.