Can a Person Enter into a Contract to Make a Will Under New Jersey Law?
In New Jersey, drafting a Last Will is guided by statutory requirements and judicial precedent. One aspect of estate planning in New Jersey allows …
In Probate Disputes and Will Contests Only Reasonable Counsel Fees and Costs can be Ordered Charged to the Estate
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 …
Understanding What Frivolous Litigation Means
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 …
Can You Still Win a Probate Case When the Original Will is Lost or Destroyed? Part 2 of a 2 Part Series
Proving That the Destruction of a Will Was Not Done by the Deceased In Part 1 of this blog, I discussed how to prove …
Can You Still Win a Probate Case When the Original Will is Lost or Destroyed? Part 1 of a 2 Part Series
In the case of a lost or destroyed will, “the burden of proof is upon the proponent” to show, with clear and convincing evidence,” …
Beware of the Beneficiary Form (Part 4 of 4)
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 …
What Does the Attorney-Client Privilege Mean to You?
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 …
If You File a Lousy Will Contest Case, You Are Not Entitled to Counsel Fees and Costs
NJ law does not allow an automatic award of counsel fees to an unsuccessful plaintiff in a will contest. NJ law does allow an …
What is the NJ Elective Share Law as Relates to Your Surviving Spouse?
If a spouse dies and he or she does not leave their estate to a surviving spouse, the surviving spouse may, under NJ law, …
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 …
Understanding the NJ Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act
Guardianship Modification for Interstate Guardianship Video Recently, parents who are guardians of their disabled adult child moved to NJ from Maryland and inquired about …
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 …
Is it Possible to Overturn a Will During the Testator’s Lifetime?
What if someone makes a Will without being of ‘sound mind’? Can a court decide for someone that their Will is not in their …
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 …
No Contest Clause in Will Can Be (Un)enforceable in New Jersey
Many clients want to avoid challenges to their Last Will and Trust. They are generally concerned about some family member who is “all about …
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 …
Gifts, Wills, and Guardians: A Case Study (Part 1 of a 3-Part Post)
A judgment of incapacity has legal significance in our judicial system. The appointment of a guardian confers such power and responsibility onto this person …
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 …
USING A LIVING TRUST IN NEW JERSEY TO PROTECT YOU IN THE CASE OF INCAPACITY
By Fredrick P. Niemann, Esq. a New Jersey Trust Attorney A Revocable Trust can provide for the continuous investment and administration of your assets …
WHAT HAPPENS IF THE TESTATOR LEAVES YOU SOMETHING IN HIS WILL BUT WHEN HE DIES, HE NO LONGER OWNS THE PROPERTY THAT HE GAVE YOU?
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 …
Picking the Right Executor as Your Estate Fiduciary Under Your Last Will and Testament? Beware: A Wrong Decision Does Matter
When creating your last will and testament as part of estate planning, an important decision you will have to make is who to name …
The Story of a Real Life Disaster Caused by an Inadequately Written Last Will and Testament – Learn from This Mistake
Fredrick P. Niemann, Esq., a NJ Wills Attorney Several years past, a husband died leaving a last will and testament with assets, one of …
The New Jersey Probate Process and How You Can Avoid It by Use of a Living Trust
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 …
New Jersey Courts Allow You to Challenge the Validity of a Will
The death of an aged family member is often an unfortunate, emotional time for all family members. Unfortunately, when the will is produced, sometimes …