Why Are Some Wills 2 Pages and Others 20 – The Example of the Executor Who Didn’t Die
Very often, when I prepare wills, powers of attorney, and health care directives (living wills) for clients, some react with surprise when they see …
Spotlight on NJ Elder Law: What Families Really Need to Know Before a Crisis Hits an Elderly Family Member
When I meet with new clients, the first appointment is often with the children of aging parents. Commonly, they come to us just before …
Choosing the Right Trustee for Your Living Trust
Your living trust is much more than just a document that says which heirs get what percentage of your estate or what items of …
What Happens If You Die Without a Will?
We all know we are supposed to do estate planning, but not all of us get around to it. So what happens if you …
Is Your Family or Personal Trust Subject to New Jersey’s Death and Inheritance Tax?
New Jersey is home to one of the largest populations of elderly residents in the entire country. Many do not have a trust or …
Understanding the Definition of Incapacity Under NJ Law
Occasionally, a client does not want a declaration of “incapacity” (as used in various planning documents and NJ case law) made by a physician. …
Understanding the Doctrine of Probable Intent When a Last Will is Unclear in its Language
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 …
Don’t Confuse Testamentary Intent with Testamentary Capacity When Analyzing a Last Will & 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 …
Another Dead Body Goes to Court
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 …
You Can’t Wait 8 Years After a Person’s Death and Then Decide to Sue an Estate Executor
Families often fall apart when a parent dies and the kids start dividing up the estate. Sometimes even after the estate is concluded, one …
If You Are Disinherited by Your Dead Parent’s Second Spouse, What Legal Action Can You Take?
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 …
What if I Can’t Find the Original Will?
NJ Estate and Probate laws allow for a copy of a Will to be probated under limited situations This article discusses how to probate …
Look no further in your search for hardworking, honest lawyers. You won’t be disappointed!
Contesting a Will for Undue Influence is a very complicated endeavor. Our dream team of lawyers, Fred Niemann, Christopher Hanlon, and Christopher Balioni, along …
Our dream team of lawyers went above and beyond our expectations!
Contesting a will for Undue Influence is a very complicated endeavor. Our dream team of lawyers, Fred Niemann, Christopher Hanlon, and Christopher Balioni, along …
Guardianship of Young Children in Your Last Will When You’re Foreign Born and No Family Members Live in the US
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 …
Can a Trustee of a Trust Created Under a Last Will Distribute the Trust Assets Outright to Named Beneficiaries and Then Terminate the Trust
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 …
If You Have a Trust, Do You Also Need a Last Will?
If you have a living trust in place, why would a person need a will? The answer straightforward : You need a last will …
An Incapcaitated Mother’s Successor Trustee is Overwhelmed by Duties. So What Can They Do?
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 …
Bringing Legal Action Against a Trustee Because the Trust is Performing Poorly in the Market
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 …
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 …
Gifts, Wills, and Guardians: A Case Study (Part 3 of a 3-Part Post)
By Fredrick P. Niemann, Esq. a New Jersey Guardianship Attorney So far, in my last two blog entries, I have discussed the fight over …
Gifts, Wills, and Guardians: A Case Study (Part 2 of a 3-Part Post)
By Fredrick P. Niemann, Esq. a New Jersey Guardianship Attorney In my last blog, I started talking about the case of In re Cohen, …
Can You Exclude Your Ex-Spouse as the Guardian for Your Children After Separation/Divorce in Your Will/Trust?
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Guardianship and Estate Planning Attorney A client was referred to me …
Gifts, Wills, and Guardians: A Case Study (Part 1 of a 3-Part Post)
By Fredrick P. Niemann, Esq. a New Jersey Guardianship Attorney A judgment of incapacity has legal significance in our judicial system. The appointment of …
Can a Trustee of a New Jersey Trust Just Quit or Resign?
By Fredrick P. Niemann, Esq. of Hanlon Niemann, a Freehold, NJ Trust Attorney You may be wondering what the procedure is for relinquishing duties …
The Marital Deduction: A Valuable Estate Planning Tool
By Fredrick P. Niemann, Esq. of Hanlon Niemann, a Freehold, NJ Estate Planning Law Attorney The federal estate tax marital deduction is one of …
Sick of New Jersey’s Obscene Taxes? Then Consider Changing Your Domicile to Florida
By Fredrick P. Niemann, Esq. of Hanlon Niemann, a NJ Elder Care Attorney Sick of New Jersey’s high taxes and anti-business politics in the …
Health: The Use of Discretionary Trusts to Protect Assets From Creditors and the IRS
By Fredrick P. Niemann, Esq. of Hanlon Niemann, a Freehold, NJ Asset Protection and Trust Attorney No one wants their life savings seized by …
Can a Person With Alzheimer’s or Advanced Dementia Legally Sign a Last Will Before Death?
If an adult in NJ is legally incompetent and does not have an existing Last Will, is there a process for having a Will …
What to Do When the County Surrogate Tells You That You Must Go to Court With a Gift to a Minor(s)
By Fredrick P. Niemann, Esq. of Hanlon Niemann, a NJ Trust Attorney Here’s a common scenario. A will bequeaths $5K ($5,000) to an infant …