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Probate

Call Us Today Toll Free: 855-376-5291

Probate

Call Us Today Toll Free: 855-376-5291

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

Can Creditors Make a Claim against Joint Account Assets in New Jersey after Death?

HNW November 28, 2022 Estate Administration and Probate

The decedent owned several joint bank accounts with his wife.  He died intestate, meaning he died without a will or trust in place.  Under New …

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Asset & Income ProtectionEstate PlanningProbate

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

The Case of a Handwritten Note Being Admitted to Probate as a Holographic Will

HNW November 29, 2019 Elder Law, Estate Administration and Probate

A Recent NJ Case Discusses When a Handwritten Note Can Be Probated as a Last Will Sometimes a handwritten letter or document can be …

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Estate Administration and ProbateLast Wills and TestamentProbate

When Can a Court Award Legal Fees Against an Estate in Connection with Probate Litigation

HNW September 27, 2019 Elder Law, Estate Administration and Probate

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 …

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Estate Administration and ProbateProbate

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?

HNW September 13, 2019 Elder Law, Estate Administration and Probate

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 …

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Estate Administration and ProbateProbate

Widow in Second Marriage Has Legal Rights to Deceased Spouse’s Estate

HNW August 30, 2019 Elder Law, Estate Administration and Probate

A client’s dad was in a second marriage when he died recently.  The couple did not have a prenuptial or post-nuptial agreement.  Dad always …

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Estate Administration and ProbateProbate

Distribute Probate Estate Funds Cautiously, But Don’t Be Unreasonable

HNW August 23, 2019 Elder Law, Estate Administration and Probate

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 …

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Estate Administration and ProbateProbate

Adult Estranged Child Not Entitled to Anything From Parent’s Estate

HNW August 9, 2019 Elder Law, Estate Administration and Probate

A client’s late mother and daughter were estranged for years, but she was still shocked to learn mom cut her out of her will …

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Estate Administration and ProbateProbate

Bank Accounts Must Go Through Probate If There Is No Beneficiary Designated

HNW June 20, 2019 Elder Law, Estate Administration and Probate

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 …

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Estate Administration and ProbateProbate

Don’t Blow It! You Can Still Make a Late and Inexpensive Portability Election to Eliminate and/or Reduce Future Estate Death Taxes

HNW June 7, 2019 Elder Law, Estate Administration and Probate

“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 …

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Estate Administration and ProbateProbate

Does a Guardian of an Estate Have the Power to Execute a Beneficiary Designation Form?

HNW April 9, 2019 Elder Law, Guardianship Law

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold Township, Monmouth County, NJ Guardianship Attorney I was recently asked a question …

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Guardianship LawProbate

What If the Estate Is Broke?  Who Gets Paid First? Understanding the Priority of Unpaid Claims in Estate Administration

HNW March 22, 2019 Elder Law, Estate Administration and Probate

What if estate assets are insufficient to pay all the claims that need to be paid in full? What is the personal representative of …

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Estate Administration and ProbateProbate

Understanding What Posting a Bond Means When Administering an Estate

HNW March 12, 2019 Elder Law, Estate Administration and Probate

Many individuals when faced with probating an estate are required to post a bond but few really understand what this means or what is …

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Estate Administration and ProbateProbate

An Insolvent Estate Escapes Responsibility for Funeral Expenses After Receiving Millions of Dollars

HNW March 7, 2019 Elder Law, Estate Administration and Probate

In this case an action was filed by a funeral director against decedent’s representative, and others, to recover the balance of his bill for …

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Estate Administration and ProbateProbate

Disputes as to Administration of the Estate

HNW February 13, 2019 Elder Law, Estate Administration and Probate

Sometimes deputes occur concerning who will administer an estate. In such cases, when there is a dispute the decision rests in the court’s discretion, …

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Estate Administration and ProbateProbateTrust Law and Litigation

I’m Disinheriting My Son, Daughter & Spouse If You Challenge My Will!

HNW February 8, 2019 Elder Law, Estate Administration and Probate

Can you include in your will a clause which provides for the revocation of an inheritance if your beneficiary contests the will? The answer …

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Estate Administration and ProbateProbate

Disputes Regarding the Validity and Interpretation of Wills and Trusts

HNW January 15, 2019 Elder Law, Estate Administration and Probate

Procedural Issues; Standing to Contest a Last Will or an Estate A party contesting a will must have standing to challenge the will. Generally, …

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Estate Administration and ProbateLast Wills and TestamentProbateTrust Law and Litigation

An Equitable Adoption?  You Are Either Legally Adopted or You Are Not.  There is No In-Between. (Part 2)

HNW December 10, 2018 Additional Practice Areas

By Fredrick P. Niemann, Esq., a Freehold Township, Monmouth County, NJ Probate Attorney Part 2 of a 2 Part Series In my previous post, …

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Adoption LawyerProbate

An Equitable Adoption?  You Are Either Legally Adopted or You Are Not.  There is No In-Between. (Part 1)

HNW December 4, 2018 Additional Practice Areas

By Fredrick P. Niemann, Esq., a Freehold Township, Monmouth County, NJ Probate Attorney Part 1 of a 2 Part Series Adoptions are a very …

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Adoption LawyerProbate

Using a Dementia Assessment and Psychological Report in the Trial of a Contested New Jersey Estate

HNW November 19, 2018 Elder Law, Estate Administration and Probate

By Fredrick P. Niemann, Esq. of Hanlon Niemann, Freehold, New Jersey, a NJ Probate Litigation Attorney In New Jersey, the most frequent grounds for …

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Estate Administration and ProbateProbate

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)

HNW October 16, 2018 Elder Law, Estate Administration and Probate

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Probate & Estate Administration Attorney The court acknowledged the possibility that …

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Estate Administration and ProbateProbate

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)

HNW October 12, 2018 Elder Law, Estate Administration and Probate

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Probate & Estate Administration Attorney The Will was deemed properly authenticated …

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Estate Administration and ProbateProbate

Who Has Legal Priority to Be Appointed as Administrator of an Estate in New Jersey, a Same Sex Partner or a Biological Parent?

HNW October 11, 2018 Elder Law, Estate Administration and Probate

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Estate Probate Administration Attorney Our office received an interesting new case …

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Estate Administration and ProbateProbate

Demanding That A Person with Possession Produce A Will For Probate

HNW October 9, 2018 Elder Law, Estate Administration and Probate

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Estate Probate Attorney and Estate Probate Litigation Attorney A Court Has …

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Estate Administration and ProbateProbate

In a Will Contest Do the Witnesses to the Maker’s Signature Have to Read the Document First? (Part 1 of a 3 Part Series)

HNW October 5, 2018 Elder Law, Estate Administration and Probate

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Probate & Estate Administration Attorney ISSUE ON APPEAL The issue before …

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Estate Administration and ProbateProbate

Hold on a Minute: Non-Probate Assets Can be Recaptured to Pay New Jersey Inheritance Death Taxes

HNW October 2, 2015 Elder Law, Estate Administration and Probate

By Fredrick P. Niemann, a New Jersey Estate Administration and Probate Attorney I recently received a question from a client concerning the liability to …

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Estate Administration and ProbateProbate

What to Do When a Duel Resident of New Jersey and Citizen of Greece Dies with Two Wills?

HNW August 26, 2015 Elder Law, Estate Administration and Probate

By Fredrick P. Niemann, Esq. of Hanlon Niemann, a Freehold, NJ Estate Administration and Probate Attorney Recently, we applied to the County Surrogate to …

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Estate Administration and ProbateLast Wills and TestamentProbate

How to Finalize and Wind Up a Probate Estate in New Jersey (Part VII)

HNW July 1, 2015 Elder Law, Estate Administration and Probate

By Fredrick P. Niemann, Esq. of Hanlon Niemann, a Freehold, NJ Probate Estate Administration Attorney and Law Firm In our last post about finalizing …

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Estate Administration and ProbateProbate

How to Finalize and Wind Up a Probate Estate in New Jersey (Part VI)

HNW June 10, 2015 Elder Law, Estate Administration and Probate

By Fredrick P. Niemann, Esq. of Hanlon Niemann, a Freehold, NJ Probate Estate Administration Attorney and Law Firm In our last post about finalizing …

Read More
Estate Administration and ProbateProbate
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Hanlon Niemann & Wright Law Firm

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
    • About Our Attorneys
    • Video Library
    • Location and Directions
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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
    • Estate Administration and Probate
    • Probate Estate Litigation and Will Contests
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