How to Defeat the NJ Inheritance Tax

By Fredrick P. Niemann, Esq. a NJ Estate Administration Lawyer New Jersey is looking to raise revenue from everybody, everywhere, especially the estates of moderate to wealthier New Jersey residents.  In one case, a decedent had a will that poured-over estate assets to a revocable trust. The Trust distributed the funds in 3 equal shares […]

Transfer of Mortgage to Wife’s Name Upon Husband’s Death

By Fredrick P. Niemann, Esq. a New Jersey Estate Administration Attorney When a husband and wife own property as tenants by the entirety (but only one name is on the mortgage) and the husband dies, can the wife legally transfer the mortgage into her own name? I had this situation come up.  In this case, […]

In a Will Contest Do the Witnesses to the Maker’s Signature Have to Read the Document First? (Part 3 of a 3 Part Series)

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Probate & Estate Administration Attorney The court acknowledged the possibility that “one or more papers of the will might be removed and another substituted,” but concluded that this possibility “is not sufficient to justify denying admission of a will to probate.” Just […]

If You Die Without a Will, Who Gets Your Estate Under New Jersey Law?

By Fredrick P. Niemann, Esq. of Hanlon Niemann, a Probate and Estate Administration Law Firm of Freehold Monmouth County New Jersey When no will exists, the statutes of New Jersey provide for the distribution of property to heirs, that is, by intestate succession. How will your property be divided if you have no will? The […]

In a Will Contest Do the Witnesses to the Maker’s Signature Have to Read the Document First? (Part 2 of a 3 Part Series)

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Probate & Estate Administration Attorney The Will was deemed properly authenticated and admitted to probate. Appellant argued that the trial court erred by failing to require the proponent of the Will, to authenticate all three pages of the Will. He noted that […]

Demanding That A Person with Possession Produce A Will For Probate

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Estate Probate Attorney and Estate Probate Litigation Attorney A Court Has the Statutory Authority to Order Production of a Will and to Appoint an Administrator For the Estate when the Last Will cannot be found. You know a Will exists and someone […]

In a Will Contest Do the Witnesses to the Maker’s Signature Have to Read the Document First? (Part 1 of a 3 Part Series)

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Probate & Estate Administration Attorney ISSUE ON APPEAL The issue before the Appellate Court was whether witnesses to a Last Will and Testament were required to authenticate all three pages of the document. The trial court admitted the testimony of the witnesses […]

What Happened to Mom’s Diamond Earrings

By Fredrick P. Niemann, Esq. of Hanlon Niemann, a Freehold, NJ Wills Attorney I have drafted many hundreds if not thousands of Last Wills and Testaments for clients over the years. I have represented executors and administrators in the estates of individuals who have passed on. Based upon my experience, I can say with certainty […]