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Understanding Estate Litigation
Regarding estate litigation, the areas open for targeting are nearly endless. When someone dies, a trust or will is created. These documents clearly state who is to receive assets from their estate and who is in charge of distributing these assets. The need for estate litigation arises when one or more areas of the will are contested in court. One of our experienced estate lawyers in NJ should be called in to defend your estate, your rightful inheritances, or your tax claims.
Probate and Litigation
Once an individual dies, a probate process is begun. The probate process refers to the steps taken by a court to ensure that the executor of the estate adheres to the directives of a will or a trust. This process is relatively straightforward if the will has been correctly laid out and legally stands. If the will or trust in question has holes or is unclear, the estate is open to contests from creditors, actual and potential heirs, business partners, and spouses. In this case, a claim is brought against the estate. If the estate executor agrees with the claim and opts not to dispute its validity, the matter is settled out of court without litigation. However, if the executor disagrees with the claim and disputes its validity, the estate litigation process begins.
Estate Litigation Areas
Will and trust contests generally take one of a number of forms. Estate litigation teams report that these are the most commonly contested areas of estate management.
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- Validity of Wills: Contesting either the mental capacity of the will’s creator or the possibility of undue influence over this person– thereby rendering the will invalid.
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- Trust Litigation: Defense of actions taken by the trustee in either the creation or execution of the trust.
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- Account Management Litigation: Claims brought against the executor in relation to alleged mismanagement of the estate’s assets.
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- Spousal and Kinship Rights Litigation: Litigations surrounding prenuptial and antenuptial agreements and heir inheritance rights.
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- Creditor/Debtor Litigation: Claims from creditors against assets of an estate.
Mediation and Litigation: Finding The Help You Need
Most estate claims and disputes are ordered into mediation. Estate litigation is a lengthy process that all parties attempt to avoid. Estate mediation is an attempt by both sides of a disputed claim to agree out of court. If one or both sides are unwilling to waver, the experienced estate law experts at Aiello, Harris, Abate Law Group PC will step in to argue the matter in court. Whether you have had a claim on your estate made that you believe is incorrect, or you are claiming an incorrectly managed estate.
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Call us today at (908) 561-5577 or contact us. Your initial consultation will take place over the phone, and you can schedule an appointment at one of our office locations across New Jersey.
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