When a parent or other loved one passes away, it can be one of the most grief-stricken and stressful times in anyone’s life. However, this already difficult time could become even more troubling if it is believed that a deceased loved one’s inheritance has mysteriously disappeared due to the improper or illegal acts of another person. Sketchy gifts and transfers of assets made before death in New Jersey are unfortunately far too common. People can often engage in a variety of immoral acts when it comes to money or other assets.
There are many ways for assets or other inheritance to be taken by or shifted to another person, especially if a parent or loved one was ill or disabled near the end of their life. As such, it is important to seek the assistance of a skilled inheritance litigation lawyer in New Jersey to help fight to recover the assets an individual was rightfully left by a parent or loved one.
Challenging Gifts & Common Forms of Inappropriate Transfers
When an individual is at the end of his or her life, they could face significant pressures from individuals who want to get their hands on any valuable assets. Furthermore, individuals that are gravely ill or lack the necessary mental capacity often succumb to the influence of others who do not have their best interests in mind.
With this in mind, it is critical to understand the common ways people attempt to improperly transfer assets to others or themselves. One of the most common inappropriate transfers involves a power of attorney document. If an individual is able to gain control of an individual’s assets during their life through a power of attorney, they could be able to make transfers without anyone’s consent, even if the transfers are inappropriate.
Gaining power of attorney is not the only way to acquire another person’s assets during their lifetime. Another common way to acquire assets includes using pressure, influence, or deception to get a dying person to make withdrawals from their account or write checks. Additionally, the same pressure, influence, or deception could be used to seek outright gifts or transfers of assets.
There are no shortage of ways an individual could attempt to gain ownership of a dying individual’s assets prior to their death. An experienced probate litigation attorney in New Jersey understands the many forms of inappropriate transfers and the common circumstances surrounding such transfers.
Challenging Gifts Made During Lifetime
A gift or other transfer made during a decedent’s lifetime can be challenged based on several legal factors, including but not limited to lack of mental capacity, undue influence, fraud, or duress. Typically, under New Jersey law, gifts or transfers made prior to a decedent’s death are scrutinized more thoroughly than transfers through a will or otherwise after death and could be more susceptible to legal action.
Generally, the individual challenging gifts made during a decedent’s lifetime is tasked with establishing the burden of proof. However, if the person challenging the validity of the gift can establish that the individual who received the gift and the individual who gave the gift were part of a confidential relationship, the burden could shift.
A confidential relationship is commonly described, under New Jersey law, as a dependent relationship in which the giver of the gift relies upon the gift receiver. If a confidential relationship exists, New Jersey law provides a legal presumption that the gift giver was not able to appreciate his or her actions. As such, the gift receiver has the burden of showing that the gift or transfer was completed in good faith and without any undue influence or with the assistance of a competent and disinterested party.
Even if a confidential relationship is not established, an individual receiving a pre-death gift often must establish, through clear and convincing evidence, that there was no deception or otherwise inappropriate actions at the time the gift or transfer was made. A knowledgeable New Jersey
pre-death gift lawyer could help evaluate the circumstances of a gift or transfer made during a decedent’s lifetime to assess its validity.
Undue Influence Under New Jersey Law
Undue influence is a common type of challenge to a pre-death gift or transfers, especially when a family is in conflict or a person outside of the family is involved with the deceased. There are several types of undue influence that a New Jersey court recognizes to potentially invalidate a gift or transfer; however, the evidence required could differ from case to case.
One common example occurs when a decedent was very physically or mentally ill when a gift was made and the decedent relied upon the gift receiver for assistance or other type of companionship. In such a case, a New Jersey court could determine that there is a presumption of undue influence.
Another common case involving undue influence occurs when a guardian receives a gift from a ward during his or her lifetime. New Jersey courts typically require the guardian to establish that there was no undue influence present at the time the gift was made.
Establishing undue influence could require gathering evidence and going through the paperwork used to complete a gift or transfer. Additionally, the relationship between the gift giver and gift receiver often provides significant evidence of the circumstances surrounding the gift. A well-versed lifetime gift litigation attorney in New Jersey understands the common requirements to establish undue influence.
Contact a New Jersey Estate Lawyer Today
Unfortunately, individuals nearing the end of their lives are more susceptible to undue influence and other inappropriate actions when it comes to their assets. It is critical to understand the options available to protect inheritance rights and fight for what a decedent wanted for their assets.
If any improper or inappropriate behavior is suspected in a pre-death gift or transfer of assets, an individual should seek immediate assistance to ensure their rights are adequately protected. An experienced New Jersey pre-death gift challenge attorney understands the law and how to effectively fight for the inheritance a decedent’s loved one deserves.
Let’s discuss your case today. My firm is an expert at challenging gifts & sketchy transfers of assets before the death of a loved one in New Jersey. Contact me today or call 201.342.1700 for a free, no obligation consultation.
