Estate Planning to Avoid Estate Litigation

By Peter L. Klenk, Esq.

The best defense is a good offense. In avoiding Estate Litigation, this means working with an Estate Planning Lawyer who is familiar with Estate Litigation. The more your Estate Planning Attorney knows about Estate Litigation, the more likely he or she will be able to help you avoid the Estate Litigation traps.

Estate Planning is the process of having you design the documents that define what happens to you should you become sick or incapacitated and also what happens to your assets at your death. Estate Planning can be rather simple, such as creating a Simple Will (an “I Love You” Will) or Power of Attorney, or it can be rather complex and include several layers of trusts designed to reduce Estate Tax or Inheritance Tax or even protect the money you are leaving your children from their divorces or other legal entanglements. No matter what the sophistication of the Estate Plan, the Estate Planning Lawyer should always have in mind the goal of avoiding Estate Litigation.

Estate Litigation is expensive and it can tie up an Estate for years. We have been involved in Estate Litigation from Atlantic County, New Jersey to Pittsburg, Pennsylvania that has gone on for over 3 years and one case in Bucks County, Pennsylvania that has been in court for over 5 years and may go on further. The costs can be staggering, and the family has to wait to have access to the estate assets. When selecting an Estate Planning Lawyer, consider if that attorney or the lawyer’s Estate Planning law firm regularly appears in the New Jersey Surrogates’ Court or the Pennsylvania Orphans’ Court for Will Challenge or Estate Litigation cases. If they do not, they may not be focused on the steps in Estate Planning that reduce the chances of your estate becoming entangled in Litigation. If the firm does appear in Orphans’ Court or Surrogate’s Court, it makes it more likely that they are familiar with the most recent trends in Estate Litigation and the techniques that could save your estate tens of thousands of dollars

In our offices, we represent residents of New Jersey, Pennsylvania, New York and Florida. We regularly defend clients in Will Challenge cases in New Jersey and in Pennsylvania. This knowledge helps us be better Estate Planning Lawyers. We work with you to make choices in your Estate Plan reducing the chances that your estate will be subject to Estate Litigation.

An Estate Planning Attorney has many tools to address your specific Estate Plan, including Wills, gifts during your lifetime either outright or in trust, powers of attorney, IRA Trusts, guardianship documents addressing who has the power to care for your minor children should you become incapacitated, living wills, revocable trusts (or “living trusts”), and special needs trusts.

With the proper background and knowledge, all these documents can be drafted in ways that reduce the chances that your estate is subject to Estate Litigation. This not only includes the process in which the documents are executed, but may also include trustee protectors, estate protectors, investment advisors, as well as other techniques that we have learned over the years as serving as Will Challenge Attorneys.

Our firm is divided into three departments; Estate Litigation, Probate and Estate Planning. Our Estate Planning Attorneys who focus their practice on creating Estate Plans work hand-in-hand with our Estate Litigation Attorneys and Will Contest Lawyers, who focus their time in court either attacking or defending wills and trusts. This unusual combination of experienced lawyers allows us to continually update our Estate Planning documents to address litigation issues, which are fresh in our Estate Litigation attorney’s minds. If a firm only focuses on Estate Planning, and has only Estate Planning Lawyers but no Estate Litigation or Will Contest Attorneys, might miss the most recent techniques and procedures to reduce the chance of a Will Challenge.

While it is advisable that you meet with your Estate Planning Lawyer regularly to update your Wills, Trusts and other Estate Planning Documents to reflect you wishes and changes in Inheritance and Estate Taxes, it is also important to meet with an Estate Litigation Lawyer at the same time to make sure the documents in your Estate Plan reflect the most recent techniques to avoid expensive Estate Litigation and Will Challenges.

A proper Estate Plan should provide you with peace of mind that you will be cared for and that your wishes are carried out. Having an Estate Planning lawyer at a firm familiar with Estate Litigation may help you gain peace of mind.

You may find more information about Will Challenges and information about how to properly execute a will in by clicking here. Our firm focuses exclusively in the area of estate planning and probate, and the litigation surrounding estate planning and probate, so if you need assistance with an estate plan or have questions about Will Contests, please call one of our will challenge lawyers or estate planning attorneys for a free consultation. Our Will challenge attorneys have extensive experience in both New Jersey and Pennsylvania, so if your will contest question is in either state, feel free to contact us.