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Will Contest and Probate Litigation

Call Us Today Toll Free: 855-376-5291

Will Contest and Probate Litigation

Call Us Today Toll Free: 855-376-5291

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 2 of 4)

HNW January 10, 2023 Elder Law, Estate Planning

This is the second post on the subject of beneficiary designations and their importance in New Jersey probate and estate planning. Who Can Be …

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Estate PlanningWill Contest and Probate Litigation

The Marital Deduction: A Valuable Federal Estate Tax Planning Tool

HNW January 10, 2023 Elder Law, Estate Planning, Last Wills and Testament

The federal estate tax marital deduction is one of the most important estate planning tools available to a married couple. The basic marital deduction …

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Estate PlanningWill Contest and Probate Litigation

What Does the Attorney-Client Privilege Mean to You?

HNW November 29, 2022 Shareholder Rights Litigation, Will Contest and Probate Litigation

Attorney-client privilege means that in litigation, anything you tell your attorney will be held in strict confidence and cannot be disclosed unless there is …

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Limited Liability Companies (LLC’s)Shareholder Rights LitigationWill Contest and Probate Litigation

Understanding the Maze of What is and What is Not Allowed to Be Done With an SNT (Special Needs Trust)

HNW November 10, 2022 Elder Law, Estate Administration and Probate, Special Needs Trusts for Minor Children and Adults

Understanding how to benefit from and establish a Special Needs Trust (SNT) can be complicated and confusing. The rules governing their creation and administration and …

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Special Needs Trusts for Minor Children and AdultsWill Contest and Probate Litigation

Forged Checks Under the Uniform Fiduciaries Law (UFL) – It’s Hard to Sue the Bank

HNW October 25, 2022 Elder Abuse and Financial Exploitation

The Uniform Fiduciaries Law (UFL) is a statute adopted in NJ to protect banks and victims of fraud. When an action is brought against …

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Elder Abuse and Financial ExploitationWill Contest and Probate Litigation

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

What is the NJ Elective Share Law as Relates to Your Surviving Spouse?

HNW October 5, 2022 Will Contest and Probate Litigation

If a spouse dies and he or she does not leave their estate to a surviving spouse, the surviving spouse may, under NJ law, …

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Will Contest and Probate Litigation

Why Are Some Wills 2 Pages and Others 20 – The Example of the Executor Who Didn’t Die

HNW September 22, 2022 Elder Law, Will Contest and Probate Litigation

Very often, when I prepare wills, powers of attorney, and health care directives (living wills) for clients, some react with surprise when they see …

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Will Contest and Probate Litigation

Choosing the Right Trustee for Your Living Trust

HNW September 21, 2022 Elder Law, Understanding When a Trust Should Be Used in NJ

Your living trust is much more than just a document that says which heirs get what percentage of your estate or what items of …

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Will Contest and Probate Litigation

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

Is Your Family or Personal Trust Subject to New Jersey’s Death and Inheritance Tax?

HNW September 19, 2022 Elder Law, Estate Administration and Probate

New Jersey is home to one of the largest populations of elderly residents in the entire country. Many do not have a trust or …

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Will Contest and Probate Litigation

Understanding the Definition of Incapacity Under NJ Law

HNW July 12, 2022 Guardianship Law, Power of Attorney

Occasionally, a client does not want a declaration of “incapacity” (as used in various planning documents and NJ case law) made by a physician.  …

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Guardianship LawWill Contest and Probate Litigation

Understanding the Doctrine of Probable Intent When a Last Will is Unclear in its Language

HNW June 12, 2022 Estate Administration and Probate, Will Contest and Probate Litigation

N.J.S.A. 3B:3-33.1 delineates the doctrine of probable intent. The statutory focus is to implement “[t]he intention of a testator . . . .” The …

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Will Contest and Probate Litigation

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

Another Dead Body Goes to Court

HNW September 4, 2020 Will Contest and Probate Litigation

As I have previously written, NJ law allows individuals to make their own funeral and/or burial arrangements in a will, or designate a personal …

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Will Contest and Probate Litigation

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

If You Are Disinherited by Your Dead Parent’s Second Spouse, What Legal Action Can You Take?

HNW August 17, 2020 Elder Law, Will Contest and Probate Litigation

Biological children are often disinherited by their deceased parent’s second spouse. The second spouse changes his/her Will and they leave it to their children/family …

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Will Contest and Probate Litigation

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

Look no further in your search for hardworking, honest lawyers. You won’t be disappointed!

HNW May 15, 2020 Elder Care Law, Will Contest and Probate Litigation

Contesting a Will for Undue Influence is a very complicated endeavor. Our dream team of lawyers, Fred Niemann, Christopher Hanlon, and Christopher Balioni, along …

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Testimonials - Estate AdministrationWill Contest and Probate Litigation

Our dream team of lawyers went above and beyond our expectations!

HNW April 9, 2020 Testimonials

Contesting a will for Undue Influence is a very complicated endeavor. Our dream team of lawyers, Fred Niemann, Christopher Hanlon, and Christopher Balioni, along …

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Testimonials - Estate AdministrationWill Contest and Probate Litigation

Guardianship of Young Children in Your Last Will When You’re Foreign Born and No Family Members Live in the US

HNW January 13, 2020 Estate Planning, Guardianship Law, Last Wills and Testament

NJ has many foreign-born parents with minor children If a foreign-born parent dies can they appoint a guardian for their children from their home …

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Estate PlanningWill Contest and Probate Litigation

Can a Trustee of a Trust Created Under a Last Will Distribute the Trust Assets Outright to Named Beneficiaries and Then Terminate the Trust

HNW December 6, 2019 Elder Law, Last Wills and Testament

Many people create trusts for beneficiaries in their last will(s) There are circumstances when a trustee needs or wants to terminate the trust This …

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Will Contest and Probate Litigation

If You Have a Trust, Do You Also Need a Last Will?

HNW August 16, 2019 Elder Law, Estate Administration and Probate, Estate Planning, Last Wills and Testament

If you have a living trust in place, why would a person need a will?  The answer straightforward :  You need a last will …

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Estate PlanningWill Contest and Probate Litigation

An Incapcaitated Mother’s Successor Trustee is Overwhelmed by Duties. So What Can They Do?

HNW July 5, 2019 Elder Law

Here’s an unfortunate story. Mom is incapacitated. She can no longer serve as trustee of her living trust. As successor trustee, the job has …

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Will Contest and Probate Litigation

Bringing Legal Action Against a Trustee Because the Trust is Performing Poorly in the Market

HNW June 3, 2019 Elder Law, Will Contest and Probate Litigation

Who is Responsible When a Trust Shows Poor Economic Performance? Poor performance from trusts, coupled with today’s financial and accounting scandals, have fueled investor …

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Trust Law and LitigationWill Contest and Probate Litigation

A Legal Guardian Can Create a Trust for the Benefit of a Minor Child  

HNW May 29, 2019 Elder Law, Guardianship Law

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 …

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Estate Administration and ProbateWill Contest and Probate Litigation

Gifts, Wills, and Guardians: A Case Study (Part 3 of a 3-Part Post)

HNW October 19, 2018 Elder Law, Guardianship Law

By Fredrick P. Niemann, Esq. a New Jersey Guardianship Attorney So far, in my last two blog entries, I have discussed the fight over …

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Guardianship LawLast Wills and TestamentWill Contest and Probate Litigation

Gifts, Wills, and Guardians: A Case Study (Part 2 of a 3-Part Post)

HNW October 15, 2018 Elder Law, Guardianship Law

In my last blog, I started talking about the case of In re Cohen, which focused on the issue of a guardian making gifts …

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Guardianship LawLast Wills and TestamentWill Contest and Probate Litigation

Can You Exclude Your Ex-Spouse as the Guardian for Your Children After Separation/Divorce in Your Will/Trust?

HNW October 12, 2018 Elder Law, Estate Planning, Guardianship Law

A client was referred to me by another attorney. She was the victim of domestic abuse and is currently in the process of getting …

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Estate PlanningWill Contest and Probate Litigation
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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
  • The Firm
    • About Hanlon Niemann & Wright Law Firm and Our Attorneys
    • About Our Attorneys
    • Video Library
    • Location and Directions
  • Practice Areas
    • Business & Corporate Law
    • 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
    • Landlord Tenant, Real Estate & Zoning
    • Appellate Law
    • Personal Injury and Negligence Cases
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