On behalf of Faloni and Associates, LLC posted in Probate Litigation on Thursday, February 16, 2012
The estate planning process is a central part of settling one's affairs in contemplation of death. However, even the best estate plans can sometimes go awry and wind up in probate litigation. New Jersey readers may be interested in a long-standing dispute regarding the estate of Rosa Parks. After her death in 2005, the civil rights icon left most of her assets to the Rosa and Raymond Parks Institute for Self Development as well as her long time caretaker, sparking a probate litigation saga that challenged the validity of her will.
Parks chose her long-standing caretaker and another individual to handle her estate affairs. However, her relatives accused them of undue influence and of attempting to manipulate Parks into cutting them out of her will. A written agreement was reached in February 2007 that included a confidentiality clause. A claimed breach of that clause led to the removal of the original executors, who were replaced by two lawyers. But the legal wrangling continued.
On behalf of Faloni and Associates, LLC posted in Estate Administration on Tuesday, February 7, 2012
Cognitive problems can be an unfortunate circumstance of getting older for many in New Jersey and elsewhere. Moreover, signs of diminished mental capacity may well make estate planning substantially more difficult, especially for those who are considering who will inherit what and how much from their estate. Those in their later years may thus consider giving a third-party approval to discuss financial issues with people like financial planners and estate lawyers.
A lot of people who work with senior citizens on their estate administration plans use third-party disclosure forms. These forms allow an attorney to speak to those authorized by the client to discuss estate matters if the attorney believes a client is experiencing problems with their memory. However, with any third-party disclosure form, there is always the risk that the third party may improperly use the information given to them. That is why it is so important to begin estate planning when one is healthy and able to make decisions about who is trustworthy.
On behalf of Faloni and Associates, LLC posted in Probate Litigation on Tuesday, January 31, 2012
New Jersey readers probably understand that the importance of estate planning cannot be underestimated. Estate planning transfers your assets to others upon your death, and it allows you to specify where each of your assets will go when you die.
Contrary to some belief, estate planning is not only for the very wealthy. Those who earn modest incomes but have invested well and have property can also benefit from proper planning. Regardless of how many assets you have, having a valid will in place may ensure that your heirs receive the property that you have left them and may help avoid probate litigation if you have a strong plan in place. If you're still not sure, take a lesson from Martin Luther King Jr., whose estate is in dispute because he did not have a will.
On behalf of Faloni and Associates, LLC on Monday, January 30, 2012
Faloni & Associates has recently updated its payment portal. The online payment portal is a quick, safe and convenient payment portal which enables people who owe money to our clients to conveniently and confidentially pay their accounts online 24/7 and 365 days of the year. We envision our online Payment Portal as a pretext to our online "Virtual Collection" Software which is being developed. We are thrilled to add this program to our website.
Our Web based collections have reduced costs and have also increased collections for our firm and our clients. We also believe that the payment portal reduces litigation as it offers a safe convenient way for people to pay their debts on their own time.
The web site is also secure, meeting the highest standards of the industry. We use 2048 bit SSL Encryption and Recaptcha on our website in order to meet these standards. If you would like to find out more about our Payment Portal please visit https://collect.falonilaw.com.
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On behalf of Faloni and Associates, LLC posted in Estate Planning on Saturday, January 28, 2012
It is never too early for an adult to execute a will. There are many situations which can unexpectedly take us from this world and those who fail to engage in proper estate planning have no say over their legacy.
Author Stieg Larsson died before he was able to see his first novel, The Girl with the Dragon Tattoo, published. Three of his novels were published posthumously and have sold around 50 million copies worldwide. The movie rights to the books were sold and made into a series of Swedish movies that were so popular that Hollywood studios fought over the rights to remake the films. Unfortunately, Larsson's common-law wife of 32 years was unable to share in any of his posthumous success because Larsson failed to execute a will.
On behalf of Faloni and Associates, LLC posted in Probate Litigation on Thursday, January 19, 2012
The purpose of a will is to document a loved one's intentions for his or her property after they pass. A comprehensive estate plan should make the method of estate distribution clear but an experienced New Jersey estate planning attorney can help individuals deal with the complexity of estate administration.
One issue that sometimes arises in the estate administration process is a claim brought based on an alleged oral promise of the decedent. The oral promise may or may not have happened, but the ensuing litigation can be very stressful for the family of a decedent. An experienced estate planning attorney can help a family successfully challenge claims made against an estate to ensure that a decedent's wishes are followed.
On behalf of Faloni and Associates, LLC posted in Probate Litigation on Saturday, January 14, 2012
In our last post we discussed the problem of dying without a proper estate plan in place. The lack of an estate plan opens a person's estate up to fraud and protracted Bleak House-like litigation. Sometimes waiting to execute an estate plan until one reaches an advanced age is also a mistake. Executing a will at an advanced age makes will contests and accusations of undue influence much more likely.
Civil rights activist Rosa Parks had issues arising from her late execution of her final will and trust. Rosa Parks created her will and trust in 1998 when she was already into her 80's. When Rosa Parks died in 2005 at the age of 92, her nieces and nephews decided to challenge her will and lodged accusations of undue influence against the Parks' beneficiaries and the estate administrators.
On behalf of Faloni and Associates, LLC posted in Estate Planning on Wednesday, January 4, 2012
There are many possible consequences for failing to executive a comprehensive New Jersey estate plan including family bickering and fraud. There are also many instances when estate litigation occurs even when a decedent does have an estate plan. For example, an improperly executed will, mental incompetence of the testator, and the suspicion of undue influence are all reasons why a will could be challenged.
In the case of cultural icon and reggae singer Bob Marley, his religious beliefs reportedly prevented him from executing a will. Marley's substantial assets and lack of an estate plan generated much litigation which continues 30 years after his death.
On behalf of Faloni and Associates, LLC on Tuesday, December 27, 2011
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