Disputes as to Administration of the Estate

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold Township, Monmouth County, New Jersey Estate and Probate Dispute Attorney Sometimes deputes occur concerning who will administer an estate. In such cases, when there is a dispute the decision rests in the court’s discretion, but several standards apply nonetheless. Where the decedent dies […]

I’m Disinheriting My Son, Daughter & Spouse If You Challenge My Will!

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold Township, Monmouth County, New Jersey Estate and Probate Dispute Attorney Can you include in your will a clause which provides for the revocation of an inheritance if your beneficiary contests the will? The answer is yes and no. Here’s Why, N.J.S.A. § 3B:3-47 […]

Disputes Regarding the Validity and Interpretation of Wills and Trusts

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold Township, Monmouth County, New Jersey Will Contest and Probate Dispute Attorney Procedural Issues; Standing to Contest a Last Will or an Estate A party contesting a will must have standing to challenge the will. Generally, a contestant must be injured, or “aggrieved,” by […]

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 […]