What Happens If You Die Without a Will?
We all know we are supposed to do estate planning, but not all of us get around to it. So what happens if you …
Understanding the Doctrine of Probable Intent in Probate Estate Litigation
Under N.J.S.A. 3B:3-33, “the meaning and legal effect of language used in a Last Will, trust or other legal document is determined by the …
You Cannot Avoid a Medicaid Estate Recovery Lien by Creation of an Elective Share Trust
The estate argued that the assets held in a trust created by a spouse are not subject to recovery by NJ because these assets …
Will NJ Demand Payment of Inheritance Tax From an Estate if the Beneficiary Only Has a Life Estate?
The short answer is yes. Surprised? Don’t be; it’s taxaholic NJ at it again. Under N.J.S.A. 54:36-1, when a person gives a life estate …
Hire an Appraisal and Auction Firm to Dispose of Estate Personal Property
Recently, a client who has quite a few valuable personal possessions confided she did not want to burden her executor with knowing how to …
When Can a Fiduciary Be Compelled to Produce an Accounting?
Clients often ask how long before he or she can compel an accounting from a fiduciary. NJ has statutes and case law that answers …
Don’t Confuse Testamentary Intent with Testamentary Capacity When Analyzing a Last Will & Testament
When contesting a Last Will, the testamentary capacity of its maker is often disputed. NJ law makes clear the differences between testamentary capacity and …
The Role of the Trustee of a Trust Established Under a Last Will and Testament Following Probate
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 …
Understanding the NJ Laws That Govern Wrongful Death Claims Filed by the Administrators of an Estate
People often die as the result of an accident or negligence by others. Many times, these victims die without a Last Will. There are …
How to Successfully Refute the Legal Presumption that the Survivor of a Joint Account is the Legal Owner Upon Death – Part 2
In our last blog, I discussed how multiple account holders are presumed to be joint account holders with right of survivorship, so if one …
How to Successfully Refute the Legal Presumption that the Survivor of a Joint Account is the Legal Owner Upon Death – Part 1
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 …
Pay All Bills Before the Death of a Special Needs Trust Beneficiary
Video: Should You Pay Bills Prior to the Death of a Special Needs Trust Beneficiary? Sadly, the beneficiary of a Special Needs Trust …
What Makes a Will Valid and Legitimate?
In New Jersey, what are the legal requirements for making a Will? What happens if a Will does not meet every requirement? What is …
Estate Creditors and Making Claims Against the Probate Estate
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 …
Inheritance Tax – Who Should Pay?
One of the biggest questions to tackle in formulating an estate plan is the payment of any estate and inheritance taxes. Should the estate …
Dealing with a Mistake on a Death Certificate When Estate Probate is Required
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 …
Is it Possible to Overturn a Will During the Testator’s Lifetime?
What if someone makes a Will without being of ‘sound mind’? Can a court decide for someone that their Will is not in their …
How Can Beneficiaries Find Out if an Executor is Being Honest?
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 …
What Rights Do Estate Beneficiaries Have in Dealing With an Executor?
The Will says one thing but the Executor is doing something else! Can the Executor collect a fee for ‘doing nothing’? The title “Executor” …
What Does “Undue Influence” Mean in Challenging a Will?
How can a court determine if a testator was unduly influenced? If you help someone prepare their Will, does it become invalid? Undue Influence …
How to Gain Access to a Safe Deposit Box Upon the Death of a Person
By Fredrick P. Niemann, Esq.
Trust Administration: Which State Law Governs a Trust?
As trustee, you have many duties. Duties to your beneficiaries and the trust to ensure it is being administered properly to maximize distributions to …
Allowable Funeral Expenses – What Estate Expenses Can I Pay as Executor?
When a loved one dies, is nine or ten thousand dollars to pay for a funeral enough? Planning a funeral is the last thing …
A Beneficiary’s Right to Demand an Accounting is Not Absolute – Part 2
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 …
A Beneficiary’s Right to Demand an Accounting is Not Absolute – Part 1
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 …
How is an Executor’s Commission Calculated in New Jersey?
Is there a formula that establishes what an Executor can earn? Does an Executor get paid extra for extra work? In New Jersey, the …
Family Members Are Entitled to an Accounting and an Estate Inventory from a Former Power of Attorney
A court may compel someone who served as a Power of Attorney on behalf of another to account for monies expended during the time …
Is There Such a Thing as an Equitable Adoption So You Can Legally Inherit an Estate?
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 …
Understanding Ancillary Probate in New Jersey and How it Works
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 …
You Can’t Wait 8 Years After a Person’s Death and Then Decide to Sue an Estate Executor
Families often fall apart when a parent dies and the kids start dividing up the estate. Sometimes even after the estate is concluded, one …