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Unfortunately,
disagreements regarding the administration of an estate may
arise. It may be that a Court proceeding is the only remedy
available to persons whose rights have been disregarded.
Wills can be invalidated
by the court for various reasons. A will may be contested on the
grounds that it was not properly executed under the statutory
requirements (with the proper number of witnesses, etc.), or due
to the incompetence of the testator (due to sickness, drug or
alcohol effects, onset of mental disability, etc.) or if the
testator was a victim of undue influence.
Normally a written
objection is filed in the probate proceeding setting forth the
grounds for contest. Any person having an interest in the
probate proceedings (a family member, disinherited persons,
creditors) may file a contest. The person who contests a Will on
grounds of undue influence or a lack of mental capacity
ordinarily has the burden of proving such claims, however, the
burden may be shifted in some cases to require the person who
takes under the contested will to prove that there was no undue
influence.
In other situations,
there may be no issue of the validity of the will, but the
beneficiaries may have a proper claim against the executor or
administrator of the estate for failing to properly administer
the estate.
Any of the following may be the
cause of litigation regarding an estate:
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1.
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A lack of mental capacity on
the part of a person making a last will and
testament, a gift, or the designation of a
beneficiary. |
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2.
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The imposition of undue
influence upon a person making a will, a gift, or a
beneficiary designation. |
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3.
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A failure to leave a surviving
spouse assets which are at least equal to the
spouse's statutory elective share. |
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4.
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A sale of estate assets by the
executor or administrator to himself or herself, or
some other form of self-dealing during the estate
administration. |
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5.
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Negligence by the executor or
administrator in handling the financial affairs of
the estate. |
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6.
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A failure by the executor or
administrator to promptly conclude the
administration of the estate. |
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7.
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A failure by the executor or
administrator to provide adequate information to the
beneficiaries and other family members.
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8.
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A failure by a trustee to
properly carry out the instructions provided in the
will or trust agreement, or to properly invest and
account for the assets. |
In New Jersey, the Surrogate's Court
handles only uncontested matters. The Surrogate's Court is
allowed to probate wills, grant letters testamentary, grant
letters of administration and certain other matters. The law of
New Jersey specifically provides that the Surrogate's Court may
not act where there is any genuine controversy or dispute.
In the event of a dispute, the matter is
transferred to the Probate Part of the Superior Court, so that
the issues may be decided by a judge.
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