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Estate Administration and Probate

Estate Litigation in New Jersey

Estate Administration and Probate

Estate Litigation in New Jersey

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

Sadly, the beneficiary of a Special Needs Trust will be dying soon will necessitate winding up the trust.  Payments will be owed to creditors …

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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

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

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
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  • Home
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