A Recent NJ Case Discusses When a Handwritten Note Can Be Probated as a Last Will Sometimes a handwritten letter or document can be …
Can I Give My Dead Father’s Long Time Girlfriend a Gift if She is Not Mentioned in His Will?
NJ imposes an inheritance tax to non-exempt beneficiaries. A girlfriend of a deceased NJ resident is not an exempt beneficiary. How can the estate …
How is a Self-Cancelling Promissory Note Treated in Estate Death Tax Administration?
Understanding What a Self-Cancelling Note Means Under federal law “[t]he value of a gross estate shall include the value of all property to the …
Can the Legal Guardian or Parent of a Minor Child Set Up a Protective Trust?
This article discusses support trusts for minor children when a parent dies. New Jersey has a statute(s) that specifies the provisions that must be …
When Can a Court Award Legal Fees Against an Estate in Connection with Probate Litigation
In probate litigation, it is common for one or all sides to ask for reimbursement of their legal fees and the costs of prosecuting/defending …
Who Has Priority to be Appointed Administrator of the Estate of a Deceased Adult, a Parent or the Decedent’s Ex-Spouse or Their Minor Child?
An adult parent dies. It’s tragic. Now his or her estate needs to be probated and administered. The person was divorced at the time …
Are You Really Married in New Jersey If There is a Religious Wedding But No Marriage License?
I recently read a series of posts about the title of this blog post. In all truth, I hadn’t really thought about it or …
Widow in Second Marriage Has Legal Rights to Deceased Spouse’s Estate
A client’s dad was in a second marriage when he died recently. The couple did not have a prenuptial or postnuptial agreement. Dad always …
Distribute Probate Estate Funds Cautiously, But Don’t Be Unreasonable
A client’s father’s estate is in probate. His son is the personal representative. Dad’s will leaves everything to his two sons (brothers) to share …
Adult Estranged Child Not Entitled to Anything From Parent’s Estate
A client’s late mother and daughter were estranged for years, but she was still shocked to learn mom cut her out of her …
Bank Accounts Must Go Through Probate If There Is No Beneficiary Designated
Many banks have strict policies regarding accounts that are subject to probate. They demand that the surrogate court provide “letters testamentary” before they’ll release …
Don’t Blow It! You Can Still Make a Late and Inexpensive Portability Election to Eliminate and/or Reduce Future Estate Death Taxes
“Portability” (I’ll explain its definition later in the blog) allows the personal representative of an estate to preserve a deceased spouse’s unused federal estate …
A Legal Guardian Can Create a Trust for the Benefit of a Minor Child
Question A parent dies with a large estate and leaves behind a minor child(ren). The decedent was divorced when he/she died. How can the …
Creditors of an Estate Can Sue Beneficiaries and the Executor if the Debt is Not Paid
A creditor of a deceased person is allowed to file a claim against an estate if his/her claim is timely filed with the surrogate’s …
The Ins and Outs of a Lawsuit Because of the Wrongful Death of a Person
By Fredrick P. Niemann, Esq. of Hanlon, Niemann & Wright, a Freehold Township, Monmouth County, New Jersey Estate Administration Attorney When a person dies …
What If the Estate Is Broke? Who Gets Paid First? Understanding the Priority of Unpaid Claims in Estate Administration
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold Township, Monmouth County, NJ Estate & Probate Administration Attorney What if estate …
Understanding What Posting a Bond Means When Administering an Estate
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold Township, Monmouth County, NJ Estate & Probate Administration Attorney Many individuals when …
An Insolvent Estate Escapes Responsibility for Funeral Expenses After Receiving Millions of Dollars
By Fredrick P. Niemann, Esq., a Freehold Township, Monmouth County NJ Estate & Probate Administration Attorney In this case an action was filed by …
How Long Does an Executor/Administrator Have to Pay Creditors of an Estate
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold Township, Monmouth County NJ Estate and Probate Administration Attorney I get asked …
Disputes as to Administration of the Estate
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold Township, Monmouth County, New Jersey Estate and Probate Dispute Attorney Sometimes deputes …
I’m Disinheriting My Son, Daughter & Spouse If You Challenge My Will!
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold Township, Monmouth County, New Jersey Estate and Probate Dispute Attorney Can you …
A Dispute Over an Executor’s Commission: What is a Permissible Commission Rate?
By Fredrick P. Niemann, Esq. of Hanlon Niemann, a Freehold New Jersey Estate Administration Attorney I just read a new case and wanted to …
Disputes Regarding the Validity and Interpretation of Wills and Trusts
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold Township, Monmouth County, New Jersey Will Contest and Probate Dispute Attorney Procedural …
Using a Dementia Assessment and Psychological Report in the Trial of a Contested New Jersey Estate
By Fredrick P. Niemann, Esq. of Hanlon Niemann, Freehold, New Jersey, a NJ Probate Litigation Attorney In New Jersey, the most frequent grounds for …
How to Defeat the NJ Inheritance Tax
By Fredrick P. Niemann, Esq. a NJ Estate Administration Lawyer New Jersey is looking to raise revenue from everybody, everywhere, especially the estates of …
Transfer of Mortgage to Wife’s Name Upon Husband’s Death
By Fredrick P. Niemann, Esq. a New Jersey Estate Administration Attorney When a husband and wife own property as tenants by the entirety (but …
In a Will Contest Do the Witnesses to the Maker’s Signature Have to Read the Document First? (Part 3 of a 3 Part Series)
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Probate & Estate Administration Attorney The court acknowledged the possibility that …
If You Die Without a Will, Who Gets Your Estate Under New Jersey Law?
By Fredrick P. Niemann, Esq. of Hanlon Niemann, a Probate and Estate Administration Law Firm of Freehold Monmouth County New Jersey When no will …
In a Will Contest Do the Witnesses to the Maker’s Signature Have to Read the Document First? (Part 2 of a 3 Part Series)
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Probate & Estate Administration Attorney The Will was deemed properly authenticated …
Who Has Legal Priority to Be Appointed as Administrator of an Estate in New Jersey, a Same Sex Partner or a Biological Parent?
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Estate Probate Administration Attorney Our office received an interesting new case …