Estate disagreements and disputes occur more often than most people realize, and are a major cause of in-fighting in families. The sooner you can reach a compromise or otherwise stop a disagreement, the better. When a dispute escalates to adversarial action in court, the rift it creates between family members can last for generations—not to mention the money spent fighting one another.
If you have concerns about an escalating dispute while administering your loved one’s Atlantic City, NJ estate, a lawyer from Bratton Estate & Elder Care Attorneys can help. We may be able to help you reach a compromise or represent you in court and fight for your best interests. Call (856) 857-6007 today to learn more.
Common Causes of Atlantic City, NJ Estate Disagreements and Litigation
In the vast majority of cases, estate litigation occurs in cases when there is no valid will. This leaves the Atlantic County courts to determine what happens, and it is no surprise that someone in the family is often unhappy with the result. However, it may also occur when there was a will or other estate plan in place. The three most common scenarios that lead to this include:
Claims of Lack of Capacity
A potential heir claims the will or estate plan is not valid because the deceased lacked the cognitive capacity to know what they were doing at the time they created and signed the document.
Claims of Undue Influence
A potential heir claims the will or estate plan is not valid because certain other potential heirs exerted undue influence over what the deceased included in the plan. This type of challenge often occurs alongside a lack of capacity claim.
Challenges Against the Estate Administrator
Potential heirs do not question the validity of the will or other estate documents, instead raising questions about the abilities and trustworthiness of the estate administrator. This type of challenge can be particularly bothersome because friends or family members are questioning your ethics, and your reputation is at risk.
For a legal consultation with a estate planning lawyer in Atlantic City, call 856-857-6007
Let Bratton Estate & Elder Care Attorneys Address Disagreements Over Your Loved One’s Estate
The estate litigation team from Bratton Estate & Elder Care Attorneys can step in as soon as you recognize the possibility of a dispute and may be able to prevent it from growing to the point that litigation becomes necessary. Our attorneys practice proven dispute resolution techniques, including mediation, and will work to help you resolve any disagreement without going to court. We make sure that all processes comply with Title 3B of NJ Code.
When you enlist the help of an estate litigation lawyer, we will go to work for you immediately, taking action to try to reduce tension and find common ground. This may include:
- Reviewing the estate documents and gathering information about the dispute
- Explaining each side’s argument and some possible compromises
- Offering an opportunity for mediation or other dispute resolution options
- Taking over the administration of your loved one’s estate if necessary to protect you from undue scrutiny
- Building a case and preparing for litigation to fight for your own best interests as well as your loved one’s dignity and legacy
To learn more about how we can help based on your unique situation, or to get started, call Bratton Estate & Elder Care Attorneys today.
Atlantic City Estate Planning Lawyer 856-857-6007
We Can Represent You in Atlantic City, NJ Estate Litigation
Unfortunately, sometimes it is impossible to avoid New Jersey estate litigation. If we cannot help you reach a compromise or if we determine litigation is the best option in your case, we will prepare to take your case to court. This requires us to build a strong case demonstrating why the challenges to the will or estate plan are not valid, and why the court should honor your loved one’s final wishes.
Our team has decades of combined trial experience and will present a strong defense of the estate plan or demonstrate the problems with the plan as it stands. We will stand beside you throughout the process, fighting for your best interests.
As part of the estate litigation process, you can expect our team to:
- Create and file all necessary paperwork
- Meet all applicable deadlines
- Represent you both in and out of court
- Handle all communication with the judge, attorneys, and potential heirs
Taking a case like this to court is stressful and emotionally draining. This is especially true when it occurs in the wake of your loved one’s death. We will strive to reduce the stress on you by being available to answer your questions and address concerns, explaining what you can expect, and providing the support and guidance you need throughout the process.
We Can Help You Raise Concerns About Your Loved One’s Estate
In some cases, surviving family members and close friends do have valid concerns about their recently departed loved one’s estate. If you have questions or concerns about the validity of a will, about undue influence or lack of capacity, or about the trustworthiness of the estate administrator, reach out to the lawyers from Bratton Estate & Elder Care Attorneys.
We can help you understand the situation better and explain if we believe we should take legal action in the case to ensure your loved one’s true wishes are followed.
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Talk to an Estate Litigation Attorney in Atlantic City, NJ
If you have concerns about possible disputes or litigation related to your loved one’s estate, the team from Bratton Estate & Elder Care Attorneys is here to answer your questions and help you come up with solutions. We can also represent your best interests in the courtroom if necessary.
We can meet with you at an Atlantic City location convenient for you, or in one of our four offices in New Jersey: Haddonfield, Linwood, Moorestown, or Trenton. We also have a Pennsylvania office in Philadelphia.
Call now to reach a member of our team who can answer your questions and explain our services.