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 …
This is the second post on the subject of beneficiary designations and their importance in New Jersey probate and estate planning. Who Can Be …
The federal estate tax marital deduction is one of the most important estate planning tools available to a married couple. The basic marital deduction …
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 …
Understanding how to benefit from and establish a Special Needs Trust (SNT) can be complicated and confusing. The rules governing their creation and administration and …
The Uniform Fiduciaries Law (UFL) is a statute adopted in NJ to protect banks and victims of fraud. When an action is brought against …
Warning: Your Selection Does Matter When creating an estate plan, especially in your will and/or trust, an important decision you must make is the …
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 …
Your living trust is much more than just a document that says which heirs get what percentage of your estate or what items of …
We all know we are supposed to do estate planning, but not all of us get around to it. So what happens if you …
New Jersey is home to one of the largest populations of elderly residents in the entire country. Many do not have a trust or …
Occasionally, a client does not want a declaration of “incapacity” (as used in various planning documents and NJ case law) made by a physician. …
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 …
When contesting a Last Will, the testamentary capacity of its maker is often disputed. NJ law makes clear the differences between testamentary capacity and …
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 …
Contesting a will for Undue Influence is a very complicated endeavor. Our dream team of lawyers, Fred Niemann, Christopher Hanlon, and Christopher Balioni, along …
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 …
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 living trust in place, why would a person need a will? The answer straightforward : You need a last will …
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 …
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 …
