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.

Under most intestacy laws, the surviving spouse of a decedent receives all of the decedent's assets if there is no will. However Bob Marley died in Jamaica, where the laws of intestacy would have left his widow only a fraction his wealth. Unhappy with this outcome, the widow and some of her attorneys conspired to craft an estate plan after Marley's death. This plot was uncovered by some of Marley's managers however and an attorney and an accountant went to jail for fraud and conspiracy. The widow claimed ignorance that the plot was illegal and did not serve any significant jail time.

Now the widow runs a corporation with Marley's children which manages the brand and image rights of the famous singer. This corporation was established after a court ruling gave her and the children the right to profit from the singer's brand. This corporation recently sued Bob Marley's brother because it challenges his right to run a musical festival under his brother's name even though he has done so for decades. What makes this suit even more bizarre is that three of Marley's children are performing at the festival despite being owners of the company that is suing the festival.

The series of lawsuits surrounding the Marley estate make it clear that a comprehensive estate plan is a great way to avoid protracted litigation and bickering among family members. A will and trust system can properly divide a person's assets and make the person's wishes clear for family members and all other interested parties.

Source: Forbes, "Are Bob Marley's Heirs Destroying His Legacy?" Danielle and Andy Mayoras, Dec. 5, 2011