A Recent NJ Case Discusses When a Handwritten Note Can Be Probated as a Last Will Sometimes a handwritten letter or document can 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 …
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 …
Does a Guardian of an Estate Have the Power to Execute a Beneficiary Designation Form?
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold Township, Monmouth County, NJ Guardianship Attorney I was recently asked a question …
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 …
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 …
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 …
An Equitable Adoption? You Are Either Legally Adopted or You Are Not. There is No In-Between. (Part 2)
By Fredrick P. Niemann, Esq., a Freehold Township, Monmouth County, NJ Probate Attorney Part 2 of a 2 Part Series In my previous post, …
An Equitable Adoption? You Are Either Legally Adopted or You Are Not. There is No In-Between. (Part 1)
By Fredrick P. Niemann, Esq., a Freehold Township, Monmouth County, NJ Probate Attorney Part 1 of a 2 Part Series Adoptions are a very …
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 …
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 …
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 …
Demanding That A Person with Possession Produce A Will For Probate
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Estate Probate Attorney and Estate Probate Litigation Attorney A Court Has …
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)
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Probate & Estate Administration Attorney ISSUE ON APPEAL The issue before …
Hold on a Minute: Non-Probate Assets Can be Recaptured to Pay New Jersey Inheritance Death Taxes
By Fredrick P. Niemann, a New Jersey Estate Administration and Probate Attorney I recently received a question from a client concerning the liability to …
What to Do When a Duel Resident of New Jersey and Citizen of Greece Dies with Two Wills?
By Fredrick P. Niemann, Esq. of Hanlon Niemann, a Freehold, NJ Estate Administration and Probate Attorney Recently, we applied to the County Surrogate to …
How to Finalize and Wind Up a Probate Estate in New Jersey (Part VII)
By Fredrick P. Niemann, Esq. of Hanlon Niemann, a Freehold, NJ Probate Estate Administration Attorney and Law Firm In our last post about finalizing …
How to Finalize and Wind Up a Probate Estate in New Jersey (Part VI)
By Fredrick P. Niemann, Esq. of Hanlon Niemann, a Freehold, NJ Probate Estate Administration Attorney and Law Firm In our last post about finalizing …
How to Finalize and Wind Up a Probate Estate in New Jersey (Part V)
By Fredrick P. Niemann, Esq. of Hanlon Niemann, a Freehold, NJ Probate Estate Administration Attorney and Law Firm In our last post about finalizing …
How to Finalize and Wind Up a Probate Estate in New Jersey (Part IV)
By Fredrick P. Niemann, Esq. of Hanlon Niemann, a Freehold, NJ Probate Estate Administration Attorney and Law Firm In our last post about finalizing …
How to Finalize and Wind Up a Probate Estate in New Jersey (Part III)
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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