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Home Blogs Estate Administration and Probate

Estate Administration and Probate

Estate Litigation in New Jersey

What Rights Do Estate Beneficiaries Have in Dealing With an Executor?

HNW February 26, 2021 Elder Law, Estate Administration and Probate

The Will says one thing but the Executor is doing something else! Can the Executor collect a fee for ‘doing nothing’? The title “Executor” …

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Estate Administration and Probate

What Does “Undue Influence” Mean in Challenging a Will?

HNW February 18, 2021 Estate Administration and Probate

How can a court determine if a testator was unduly influenced? If you help someone prepare their Will, does it become invalid? Undue Influence …

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Estate Administration and Probate

How to Gain Access to a Safe Deposit Box Upon the Death of a Person

HNW November 30, 2020 Estate Administration and Probate

By Fredrick P. Niemann, Esq.

Estate Administration and Probate

Trust Administration: Which State Law Governs a Trust?

HNW November 23, 2020 Elder Law, Estate Administration and Probate

As trustee, you have many duties.  Duties to your beneficiaries and the trust to ensure it is being administered properly to maximize distributions to …

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Estate Administration and Probate

Allowable Funeral Expenses – What Estate Expenses Can I Pay as Executor?

HNW November 20, 2020 Appealing the Denial of Medicaid, Estate Administration and Probate

When a loved one dies, is nine or ten thousand dollars to pay for a funeral enough?  Planning a funeral is the last thing …

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Appealing the Denial of MedicaidEstate Administration and Probate

A Beneficiary’s Right to Demand an Accounting is Not Absolute – Part 2

HNW November 18, 2020 Estate Administration and Probate

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 …

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Estate Administration and Probate

A Beneficiary’s Right to Demand an Accounting is Not Absolute – Part 1

HNW November 16, 2020 Estate Administration and Probate

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 …

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Estate Administration and Probate

How is an Executor’s Commission Calculated in New Jersey?

HNW November 9, 2020 Elder Law, Estate Administration and Probate

Is there a formula that establishes what an Executor can earn? Does an Executor get paid extra for extra work? In New Jersey, the …

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Estate Administration and Probate

Family Members Are Entitled to an Accounting and an Estate Inventory from a Former Power of Attorney

HNW October 30, 2020 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 …

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Estate Administration and Probate

Is There Such a Thing as an Equitable Adoption So You Can Legally Inherit an Estate?

HNW October 26, 2020 Estate Administration and Probate

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 …

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Adoption LawyerEstate Administration and Probate

Is There Any Time Limit(s) for a Beneficiary to File Legal Action Against the Executor of an Estate?

HNW September 21, 2020 Estate Administration and Probate

There is no statute of limitations on a claim against a fiduciary by an estate beneficiary. If no release and refunding bond is filed …

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Estate Administration and Probate

Understanding Ancillary Probate in New Jersey and How it Works

HNW September 11, 2020 Estate Administration and Probate

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 …

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Estate Administration and Probate

You Can’t Wait 8 Years After a Person’s Death and Then Decide to Sue an Estate Executor

HNW August 24, 2020 Estate Administration and Probate, Will Contest and Probate Litigation

Families often fall apart when a parent dies and the kids start dividing up the estate.  Sometimes even after the estate is concluded, one …

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Estate Administration and ProbateWill Contest and Probate Litigation

A Spouse Can Waive Inheritance Rights to Their Spouse’s Estate and It’s Enforceable Against NJ Medicaid

HNW August 13, 2020 Appealing the Denial of Medicaid, Estate Administration and Probate

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 …

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Appealing the Denial of MedicaidEstate Administration and Probate

Suicide Is No Defense to the Enforcement of a Marital Property Settlement Agreement

HNW August 3, 2020 Estate Administration and Probate

The NJ Supreme Court recently considered a case of whether a decedent breached his Marital Settlement Agreement (MSA) with his spouse by committing suicide …

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Estate Administration and Probate

Costs of Airfare to Attend a Funeral Are Not Permissible Deductions on a New Jersey Income Tax Return

HNW July 31, 2020 Estate Administration and Probate

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 …

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Estate Administration and Probate

Hey, Mr. Executor, Know Your Role

HNW July 15, 2020 Estate Administration and Probate, Estate Planning

If you have been named as an estate representative, knowing your responsibilities is very important.  The following article is a general introduction to your …

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Estate Administration and ProbateEstate Planning

What if I Can’t Find the Original Will?

HNW July 10, 2020 Estate Administration and Probate, Will Contest and Probate Litigation

 NJ Estate and Probate laws allow for a copy of a Will to be probated under limited situations This article discusses how to probate …

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Estate Administration and ProbateWill Contest and Probate Litigation

Does an Inherited IRA Have Creditor Protection Status Under NJ Law

HNW July 8, 2020 Estate Administration and Probate, Estate Planning

 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 …

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Estate Administration and ProbateEstate Planning

An Executor or an Estate Administrator Has Significant Discretion When Probating an Estate

HNW June 29, 2020 Elder Law, Estate Administration and Probate

Executors and Administrators of an Estate have significant discretion in the probate of an Estate under New Jersey Law. This article addresses important principles …

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Estate Administration and Probate

Married But Living With a Same Sex Domestic Partner – Who Has Priority to be the Administrator of an Estate When There is No Last Will and Testament?

HNW June 24, 2020 Elder Law, Estate Administration and Probate

NJ statutes define who is entitled to be appointed the Administrator of an estate where there is no Last Will. Generally, the family members …

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Estate Administration and Probate

Dealing with the New Jersey Inheritance Tax and an IRA Account

HNW June 22, 2020 Elder Law, Estate Administration and Probate

Overview of the Legal Issue(s) Involving IRA’s and the New Jersey Inheritance Tax A distant family member dies and leaves a sizeable IRA to …

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Estate Administration and Probate

Dealing With the Obnoxious New Jersey Inheritance Tax Waiver and When It Can Be Avoided

HNW June 18, 2020 Elder Care Law, Estate Administration and Probate

While New Jersey did away with its estate death tax in 2018, it still has an inheritance tax, although the number of estates that …

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Estate Administration and Probate

Whose Debt Takes Priority When an Estate is Insolvent and NJ Medicaid Gets Involved?

HNW June 17, 2020 Elder Law, Estate Administration and Probate

If an estate has debts greater than the value of Estate assets, cash, etc., the estate is known as insolvent. Insolvent Estates create competing …

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Estate Administration and ProbateMedicaid Eligibility and Asset Protection Planning

A Tragic Case of a Young West Point Cadet Who Died Wanting to Preserve His Legacy

HNW June 4, 2020 Estate Administration and Probate, Estate Planning

The parents of a deceased cadet at the West Point Military Academy (“West Point”) who was scheduled to graduate last year was involved in …

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Estate Administration and ProbateEstate Planning

Elder Abuse by the Intentional Infliction of Emotional Distress

HNW May 27, 2020 Elder Abuse and Financial Exploitation, Elder Law, Estate Administration and Probate

New Jersey has laws that allow a spouse to bring legal action against those who remove their spouse from New Jersey. What can be …

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Elder Abuse and Financial ExploitationEstate Administration and Probate

You’re Dead; Who Has Access to Your Safe Deposit Box?

HNW May 8, 2020 Elder Law, Estate Administration and Probate

Banks in New Jersey have a policy regarding access to a safe deposit box upon the death of the owner Knowing your Bank’s policy …

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Estate Administration and Probate

A Judgment Against an Estate Receives No Priority Under New Jersey Law

HNW May 7, 2020 Elder Law, Estate Administration and Probate

Judgments entered against a decedent have priority under New Jersey probate and estate administration laws. However, if the decedent dies before a judgment has …

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Estate Administration and Probate

Can the Executor and Beneficiaries of an Estate Enter Into an Agreement to Modify the Terms of a Last Will and Testament

HNW April 22, 2020 Elder Law, Estate Administration and Probate

An executor and beneficiary may agree to modify and change a signed Last Will or Trust NJ Law requires certain formalities be followed before …

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Estate Administration and Probate

Understanding How the Courts in New Jersey Go About Interpreting a Disputed Last Will

HNW March 20, 2020 Elder Law, Estate Administration and Probate

When litigation is filed requesting an interpretation of a last will or a provision within a will, a party must realize that this type …

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Estate Administration and Probate
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