You probably should have an attorney if you are going to litigate anything, especially if you have real estate or a business. If there are tensions between the heirs, you definitely want to have an attorney with you. If the debt exceeds the amount the estate has, you definitely should have an attorney because the administrator could be on the hook for some of that money. There is a specific way to distribute funds when the funds that you have are less than the creditors are owed. If you have a large estate with significant assets that trigger federal or estate tax exemptions, you should definitely have an attorney and maybe even an accountant.

How Can We Avoid Probate Litigation?

The best way to avoid probate litigation is to have an airtight estate plan that includes either a trust or a combination of a trust, a will, a power of attorney, and a healthcare directive. You have to take into account all the beneficiary designations in your accounts, as well. I talk with clients about estate planning in its entirety.

Can The Decisions Made By A Probate Judge Be Appealed?

Any decision made at the trial court level can be taken to the appellate division

For more information on Need For An Attorney In Estate Litigation, a free strategy session is your best next step. Get the information and legal answers you’re seeking by calling (973) 200-1111 today.