What to Do When a Person Cannot Physically Sign a Last Will and Testament
Recently, a client wanted to sign her Last Will but because of a stroke and inability to speak; she was unable to sign it. …
The Story of the Pitfalls Caused by an Improperly Drafted Will
It Really Does Matter! A number of years ago, a woman’s husband died leaving a will, some assets, and a 401k. The marriage was …
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 …
A Sad Story of an Estate Plan Screwed Up Because of a Homemade (Internet Store) Will
A recent inquiry to my office illustrates the risks of a “do it yourself” last will. Here, the person used a common will software …
If You’re Age 17, Sign a Will and Live in Georgia, Will it Be Recognized in New Jersey
A person age 17 and older can sign a Last Will in Georgia, but in New Jersey, you have to be at least 18. …
A Will Should Not Include a Personal Property Clause
Personal property items should be discussed in your Last Will. Do not itemize personal property in your Will, but rather create a list of …
If the Federal Estate Tax Exemption is Reduced in the Future, Will Your Estate Be Penalized?
Today the Federal Estate death tax exemption is very high. Only the very wealthy are subject to federal death taxes. The law may change …
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 …
Disputes Regarding the Validity and Interpretation of Wills and Trusts
Procedural Issues; Standing to Contest a Last Will or an Estate A party contesting a will must have standing to challenge the will. Generally, …
Level of Capacity With Respect to Wills, Trusts, and Powers of Attorney Under NJ Law
By Fredrick P. Niemann, Esq. a NJ Elder Law Attorney Legal Capacity is required for the legal execution of a will and/or a testamentary …
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)
In my last blog, I started talking about the case of In re Cohen, which focused on the issue of a guardian making gifts …
What to Do When a Duel Resident of New Jersey and Citizen of Greece Dies with Two Wills?
By Fredrick P. Niemann, Esq. of Hanlon Niemann, a Freehold, NJ Estate Administration and Probate Attorney Recently, we applied to the County Surrogate to …
What Happened to Mom’s Diamond Earrings
By Fredrick P. Niemann, Esq. of Hanlon Niemann, a Freehold, NJ Wills Attorney I have drafted many hundreds if not thousands of Last Wills …
NEW HEALTHCARE LAW WILL EXPAND HOSPICE OPTION
By Fredrick P. Niemann, Esq. a New Jersey Hospice Lawyer About this time last year, voters and politicians were discussing legislation that would establish …
NEW JERSEY LAW NOW HOLDS EXECUTORS AND TRUSTEES POTENTIALLY LIABLE FOR DAMAGES
Punitive Damages Okayed in Probate Dispute Case: By Fredrick P. Niemann, Esq. a New Jersey Probate Dispute Attorney Our New Jersey Supreme Court has …
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 …
New Jersey Court holds Executors and Trustees potentially liable for damages
Punitive Damages Okayed in Probate Case: The New Jersey Supreme Court on July 22, 2008 considered the circumstances in which it is appropriate to …