Statutory and case law requires a trustee to diversify trust assets. Under the Prudent Investor Act, N.J.S.A. 3B:20-11.1 [to] -11.12, “[a] fiduciary shall diversify …
People often die as the result of an accident or negligence by others. Many times, these victims die without a Last Will. There are …
In our last blog, I discussed how multiple account holders are presumed to be joint account holders with right of survivorship, so if one …
According to N.J.S.A. §17:16I-5 (a), when there are multiple owners of a bank account, the law presumes the account to be jointly owned amongst …
Sadly, the beneficiary of a Special Needs Trust will be dying soon will necessitate winding up the trust. Payments will be owed to creditors …
In New Jersey, what are the legal requirements for making a Will? What happens if a Will does not meet every requirement? What is …
One of the unique aspects of estate administration in New Jersey is how “hands-off” it is compared to other states. An executor or administrator …
One of the biggest questions to tackle in formulating an estate plan is the payment of any estate and inheritance taxes. Should the estate …
A client’s father died while visiting his daughter in upstate NY. The father was a resident of Bergen County, NJ. NY issued a NY …
What if someone makes a Will without being of ‘sound mind’? Can a court decide for someone that their Will is not in their …
What is an estate accounting and who can request one? Why doesn’t every estate have a formal accounting? The Executor (or Executrix) of an …
The Will says one thing but the Executor is doing something else! Can the Executor collect a fee for ‘doing nothing’? The title “Executor” …
How can a court determine if a testator was unduly influenced? If you help someone prepare their Will, does it become invalid? Undue Influence …
By Fredrick P. Niemann, Esq.
As trustee, you have many duties. Duties to your beneficiaries and the trust to ensure it is being administered properly to maximize distributions to …
When a loved one dies, is nine or ten thousand dollars to pay for a funeral enough? Planning a funeral is the last thing …
Part 1 of this article left off with observations from cases in which courts declined to enforce a beneficiary’s demand for an accounting. A …
Does a trust/estate beneficiary have a right to financial info? Why would a court refuse to enforce that right? The beneficiaries of an estate …
Is there a formula that establishes what an Executor can earn? Does an Executor get paid extra for extra work? In New Jersey, the …
A court may compel someone who served as a Power of Attorney on behalf of another to account for monies expended during the time …
New Jersey has strict laws on adoption A stepchild is not legally the child of a deceased step-parent. An estranged biological child of a …
Here’s a Helpful Article on How to Legally Transfer Real Estate Located in New Jersey Which is Owned by a Non-Resident Decedent’s Estate Ancillary …
Families often fall apart when a parent dies and the kids start dividing up the estate. Sometimes even after the estate is concluded, one …
New Jersey law entitles a surviving spouse to receive an elective share of one-third of his/her deceased spouse’s estate. N.J.S.A. 313:8-1-11. A “surviving spouse …
The NJ Supreme Court recently considered a case of whether a decedent breached his Marital Settlement Agreement (MSA) with his spouse by committing suicide …
New Jersey has regulations on permissible deductions from inheritance taxes. These permissible deductions are set forth in the State’s Administration Code. Not all estate …
If you have been named as an estate representative, knowing your responsibilities is very important. The following article is a general introduction to your …
NJ Estate and Probate laws allow for a copy of a Will to be probated under limited situations This article discusses how to probate …
In some states creditors can seize an Inherited IRA The IRS and Bankruptcy Court(s) can also seize an Inherited IRA This article discusses inherited …
Executors and Administrators of an Estate have significant discretion in the probate of an Estate under New Jersey Law. This article addresses important principles …
