I recently received a contested probate case which appealed the trial judge’s award of attorney’s fees and costs to the parties following a lengthy …
The frivolous litigation statute, N.J.S.A. 2A:15-59.1, authorize sanctions including reasonable attorney fees, and costs, against any party to a probate lawsuit. A case is …
Proving That the Destruction of a Will Was Not Done by the Deceased In Part 1 of this blog, I discussed how to prove …
In the case of a lost or destroyed will, “the burden of proof is upon the proponent” to show, with clear and convincing evidence,” …
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 …
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 …
NJ law does not allow an automatic award of counsel fees to an unsuccessful plaintiff in a will contest. NJ law does allow an …
If a spouse dies and he or she does not leave their estate to a surviving spouse, the surviving spouse may, under NJ law, …
Very often, when I prepare wills, powers of attorney, and health care directives (living wills) for clients, some react with surprise when they see …
Guardianship Modification for Interstate Guardianship Video Recently, parents who are guardians of their disabled adult child moved to NJ from Maryland and inquired about …
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 …
What if someone makes a Will without being of ‘sound mind’? Can a court decide for someone that their Will is not in their …
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 …
Families often fall apart when a parent dies and the kids start dividing up the estate. Sometimes even after the estate is concluded, one …
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 …
NJ Estate and Probate laws allow for a copy of a Will to be probated under limited situations This article discusses how to probate …
Contesting a Will for Undue Influence is a very complicated endeavor. Our dream team of lawyers, Fred Niemann, Christopher Hanlon, and Christopher Balioni, along …
Many clients want to avoid challenges to their Last Will and Trust. They are generally concerned about some family member who is “all about …
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 judgment of incapacity has legal significance in our judicial system. The appointment of a guardian confers such power and responsibility onto this person …
If an adult in NJ is legally incompetent and does not have an existing Last Will, is there a process for having a Will …
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 …
By Fredrick P. Niemann, Esq. a New Jersey Trust Attorney A Revocable Trust can provide for the continuous investment and administration of your assets …
By Fredrick P. Niemann, Esq. a New Jersey Will Attorney Here’s a neat legal term that is seldom used. It is used in the …
When creating your last will and testament as part of estate planning, an important decision you will have to make is who to name …
Fredrick P. Niemann, Esq., a NJ Wills Attorney Several years past, a husband died leaving a last will and testament with assets, one of …
By Fredrick P. Niemann, a NJ Trust Attorney The death of a family member can be one of the most stressful times of anyone’s …
The death of an aged family member is often an unfortunate, emotional time for all family members. Unfortunately, when the will is produced, sometimes …
