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Estate Administration and Probate

Estate Litigation in New Jersey

Estate Administration and Probate

Estate Litigation in New Jersey

Beware the Beneficiary Form (Part 4 of 4)

HNW January 24, 2023 Elder Law, Estate Administration and Probate, Estate Planning, Will Contest and Probate Litigation

This is the fourth and final article about beneficiary designation and NJ probate and estate planning. For non-retirement assets with beneficiaries correctly titled, your …

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Estate Administration and ProbateEstate PlanningWill Contest and Probate Litigation

Beware the Beneficiary Form (Part 3 of 4)

HNW January 17, 2023 Elder Law, Estate Administration and Probate, Estate Planning

This is the third post of a four part series on estate planning and beneficiary designations.  I continue with my discussion of a beneficiary …

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Asset & Income ProtectionEstate Administration and ProbateEstate Planning

You May Be Entitled to a Tax Deduction If You Make Charitable Donations

HNW January 9, 2023 Elder Law, Estate Administration and Probate, Estate Planning

As you may be aware, the IRS allows tax deductions for qualifying charitable contributions. But the government has made charitable gifting a complicated area …

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Estate Administration and ProbateEstate Planning

The Death of a Debtor Spouse Extinguishes Judgment Debts to Marital Property Owned as Tenants by the Entirety

HNW January 3, 2023 Estate Administration and Probate

A marital home escapes debts and judgments of a deceased debtor spouse if owned as tenants by the entirety. A client owned their home …

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Estate Administration and Probate

Federal Gift Tax Returns: Avoiding Mistakes

HNW November 30, 2022 Elder Law, Estate Administration and Probate, Estate Planning

Under the tax code, the general rules applicable to income tax returns apply to annual gift tax returns.  That is, a 3-year statute of …

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Estate Administration and ProbateEstate PlanningProbate

Understanding the Legal Impact of a Premarital Agreement in a Second Marriage

HNW November 29, 2022 Elder Law, Estate Administration and Probate, Estate Planning

New Jersey law allows a spouse to waive his or her right to inherit the estate of a deceased spouse.  A spouse’s premarital waiver …

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Estate Administration and ProbateEstate Planning

Do You Have the Right Fiduciary for Your Estate?

HNW October 5, 2022 Elder Law, Estate Administration and Probate, Estate Planning

Warning: Your Selection Does Matter When creating an estate plan, especially in your will and/or trust, an important decision you must make is the …

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Estate Administration and ProbateEstate PlanningProbateWill Contest and Probate Litigation

Estate Planning: Beware of the Gift of Debt

HNW October 3, 2022 Elder Law, Estate Administration and Probate

It’s great to inherit property but what if that gift bring with it a big string – a string of debt attached to it …

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Estate Administration and Probate

What Happens If You Die Without a Will?

HNW September 20, 2022 Elder Law, Estate Administration and Probate, Estate Planning

We all know we are supposed to do estate planning, but not all of us get around to it.  So what happens if you …

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Estate Administration and ProbateWill Contest and Probate Litigation

Understanding the Doctrine of Probable Intent in Probate Estate Litigation

HNW August 10, 2022 Estate Administration and Probate

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 …

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Estate Administration and Probate

You Cannot Avoid a Medicaid Estate Recovery Lien by Creation of an Elective Share Trust

HNW August 1, 2022 Estate Administration and Probate, Medicaid Eligibility and Asset Protection Planning

The estate argued that the assets held in a trust created by a spouse are not subject to recovery by NJ because these assets …

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Estate Administration and ProbateMedicaid Eligibility and Asset Protection Planning

Will NJ Demand Payment of Inheritance Tax From an Estate if the Beneficiary Only Has a Life Estate? 

HNW June 30, 2022 Estate Administration and Probate

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 …

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Estate Administration and Probate

Hire an Appraisal and Auction Firm to Dispose of Estate Personal Property

HNW June 29, 2022 Estate Administration and Probate

Recently, a client who has quite a few valuable personal possessions confided she did not want to burden her executor with knowing how to …

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Estate Administration and Probate

When Can a Fiduciary Be Compelled to Produce an Accounting?

HNW June 26, 2022 Estate Administration and Probate, Power of Attorney

Clients often ask how long before he or she can compel an accounting from a fiduciary. NJ has statutes and case law that answers …

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Estate Administration and ProbatePowers of Attorney and Health Care Directives

Don’t Confuse Testamentary Intent with Testamentary Capacity When Analyzing a Last Will & Testament

HNW May 26, 2022 Estate Administration and Probate, Last Wills and 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 …

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Estate Administration and ProbateLast Wills and TestamentWill Contest and Probate Litigation

The Role of the Trustee of a Trust Established Under a Last Will and Testament Following Probate

HNW May 11, 2022 Estate Administration and 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 …

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Estate Administration and Probate

Understanding the NJ Laws That Govern Wrongful Death Claims Filed by the Administrators of an Estate

HNW March 30, 2022 Estate Administration and Probate

People often die as the result of an accident or negligence by others. Many times, these victims die without a Last Will. There are …

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Estate Administration and Probate

How to Successfully Refute the Legal Presumption that the Survivor of a Joint Account is the Legal Owner Upon Death – Part 2

HNW February 28, 2022 Estate Administration and Probate

In our last blog, I discussed how multiple account holders are presumed to be joint account holders with right of survivorship, so if one …

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Estate Administration and Probate

How to Successfully Refute the Legal Presumption that the Survivor of a Joint Account is the Legal Owner Upon Death – Part 1

HNW February 21, 2022 Estate Administration and Probate

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 …

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Estate Administration and Probate

Pay All Bills Before the Death of a Special Needs Trust Beneficiary

HNW February 4, 2022 Estate Administration and Probate, Special Needs Trusts for Minor Children and Adults

Video: Should You Pay Bills Prior to the Death of a Special Needs Trust Beneficiary?  Sadly, the beneficiary of a Special Needs Trust …

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Estate Administration and ProbateSpecial Needs Trusts for Minor Children and Adults

What Makes a Will Valid and Legitimate?

HNW December 29, 2021 Estate Administration and Probate

In New Jersey, what are the legal requirements for making a Will? What happens if a Will does not meet every requirement? What is …

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Estate Administration and Probate

Estate Creditors and Making Claims Against the Probate Estate

HNW September 14, 2021 Elder Care Law, Estate Administration and Probate

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 …

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Estate Administration and Probate

Inheritance Tax – Who Should Pay?

HNW July 19, 2021 Elder Care Law, Estate Administration and Probate

One of the biggest questions to tackle in formulating an estate plan is the payment of any estate and inheritance taxes.  Should the estate …

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Estate Administration and Probate

Dealing with a Mistake on a Death Certificate When Estate Probate is Required

HNW April 26, 2021 Estate Administration and Probate

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 …

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Estate Administration and Probate

Is it Possible to Overturn a Will During the Testator’s Lifetime?

HNW March 24, 2021 Guardianship Law, Will Contest and Probate Litigation

What if someone makes a Will without being of ‘sound mind’? Can a court decide for someone that their Will is not in their …

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Elder Abuse and Financial ExploitationEstate Administration and ProbateGuardianship Law

How Can Beneficiaries Find Out if an Executor is Being Honest?

HNW March 16, 2021 Estate Administration and Probate

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 …

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Estate Administration and Probate

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
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3499 Route 9 North, Suite 1F
Freehold, NJ 07728
Phone: (732) 863-9900
Phone (Toll Free): (855) 376-5291
Email:  fniemann@hnlawfirm.com

 

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  • Home
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    • About Hanlon Niemann & Wright Law Firm and Our Attorneys
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    • Business, Partnership & Corporate Litigation, Including Arbitration
    • Elder Law, Disability and Guardianship Rights
    • Medicaid Eligibility and Protecting Assets from a Nursing Home
    • Estate Planning, Wills & Trusts
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