Does an Inherited IRA Have Creditor Protection Status Under NJ Law
In some states creditors can seize an Inherited IRA The IRS and Bankruptcy Court(s) can also seize an Inherited IRA This article discusses inherited …
An Executor or an Estate Administrator Has Significant Discretion When Probating an Estate
Executors and Administrators of an Estate have significant discretion in the probate of an Estate under New Jersey Law. This article addresses important principles …
Married But Living With a Same Sex Domestic Partner – Who Has Priority to be the Administrator of an Estate When There is No Last Will and Testament?
NJ statutes define who is entitled to be appointed the Administrator of an estate where there is no Last Will. Generally, the family members …
Dealing with the New Jersey Inheritance Tax and an IRA Account
Overview of the Legal Issue(s) Involving IRA’s and the New Jersey Inheritance Tax A distant family member dies and leaves a sizeable IRA to …
Dealing With the Obnoxious New Jersey Inheritance Tax Waiver and When It Can Be Avoided
While New Jersey did away with its estate death tax in 2018, it still has an inheritance tax, although the number of estates that …
Whose Debt Takes Priority When an Estate is Insolvent and NJ Medicaid Gets Involved?
If an estate has debts greater than the value of Estate assets, cash, etc., the estate is known as insolvent. Insolvent Estates create competing …
A Tragic Case of a Young West Point Cadet Who Died Wanting to Preserve His Legacy
The parents of a deceased cadet at the West Point Military Academy (“West Point”) who was scheduled to graduate last year was involved in …
Elder Abuse by the Intentional Infliction of Emotional Distress
New Jersey has laws that allow a spouse to bring legal action against those who remove their spouse from New Jersey. What can be …
You’re Dead; Who Has Access to Your Safe Deposit Box?
Banks in New Jersey have a policy regarding access to a safe deposit box upon the death of the owner Knowing your Bank’s policy …
A Judgment Against an Estate Receives No Priority Under New Jersey Law
Judgments entered against a decedent have priority under New Jersey probate and estate administration laws. However, if the decedent dies before a judgment has …
Can the Executor and Beneficiaries of an Estate Enter Into an Agreement to Modify the Terms of a Last Will and Testament
An executor and beneficiary may agree to modify and change a signed Last Will or Trust NJ Law requires certain formalities be followed before …
Is There Any Time Limit(s) for a Beneficiary to File Legal Action Against the Executor of an Estate?
There is no statute of limitations on a claim against a fiduciary by an estate beneficiary. If no release and refunding bond is filed …
Understanding How the Courts in New Jersey Go About Interpreting a Disputed Last Will
When litigation is filed requesting an interpretation of a last will or a provision within a will, a party must realize that this type …
The Case of a Handwritten Note Being Admitted to Probate as a Holographic Will
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 …
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 post-nuptial 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 …
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 …
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 will …
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 …
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
When a person dies because of someone else’s intentional or negligent conduct, a lawsuit often follows: This type of legal claim is called a …
What If the Estate Is Broke? Who Gets Paid First? Understanding the Priority of Unpaid Claims in Estate Administration
What if estate assets are insufficient to pay all the claims that need to be paid in full? What is the personal representative of …
Understanding What Posting a Bond Means When Administering an Estate
Many individuals when faced with probating an estate are required to post a bond but few really understand what this means or what is …
An Insolvent Estate Escapes Responsibility for Funeral Expenses After Receiving Millions of Dollars
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 …