One of the most difficult things about going through the probate process, or even administering a trust that operates outside of probate, is handling conflict between those who stand to benefit from a will or trust.
A previous post on this blog discussed what a New Jersey resident, can do if he or she suspects that a loved one is being taken advantage of by his or her attorney in fact. To review, an attorney in fact is someone the loved one appointed via a power of attorney to handle the loved one's financial affairs.
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.
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.