What Is a Conservator?
Conservatorship and Estate Planning in New Jersey Under New Jersey state law, if a person with assets isn’t capable of making viable financial decisions, the court can appoint a third person as a conservator. This process is set out at length in New Jersey Court Rule 4:86-11. If you have minor children, an important...
Undue Influence in Wills and Estate Planning
The Effect of Undue Influence on Wills One of the reasons that a will may be challenged in court is that someone had undue influence on the person signing the will. If this is successfully proven, then the will may be found invalid. Here is some helpful information on what the term "undue influence" means and how to...
How to Plan Your Estate Without Making Costly Mistakes
Common Mistakes That Occur When Planning an Estate While many individuals believe that estate planning is only necessary for people who have a significant amount of assets, the truth is that practically everyone should create an estate as long as they have at least one notable asset. In 2019, a study found that only...
Can You Challenge a Probated Will?
Can You Challenge a Will After the Probate Process? In the cases of multiple wills, you will want to get your case before the judge. Once a will is accepted as the final document by the court, you will need to file a petition to invalidate it. This process is not easy, and it requires the help of an estate litigation...
Estate Issues and Dementia
Estate Planning for a Loved One With Dementia Dementia affects nearly 6 million people in the United States, according to the Alzheimer's Association. Naturally, estate planning can be quite difficult for someone who has been diagnosed with dementia. However, proper advance planning and quick action can help lead to...
What Happens After the Probate Is Closed?
Estate Planning for a Loved One With Dementia Dementia affects nearly 6 million people in the United States, according to the Alzheimer's Association. Naturally, estate planning can be quite difficult for someone who has been diagnosed with dementia. However, proper advance planning and quick action can help lead to...
Including Your Pets in Your Estate Planning
Executor’s Role in a Closed Probate Probate is a good idea when it comes to asset distribution, but it isn't necessarily a requirement in New Jersey. Movies have shaped our way of thinking about executors and closing estates; you might think there is a dramatic final reading of the will or files shuttered into a file...
New Jersey Legalizes Medically Assisted Termination of Life
Designating Gifts or Guardianship for Pets Do you have a cherished pet, a dog, cat or other animal who has been a faithful and true companion? You may not realize it, but you can (and should) include your four-legged family members in your estate planning. If you don’t specifically name them and identify a plan for...
Is It Ever a Good Idea to Name Co-Executors of a Will?
Legislature Passes Aid in Dying for the Terminally Ill Act On August 1, 2019, the Aid in Dying for the Terminally Ill Act (the “Act”) became the law in New Jersey. Under the new statute, residents of New Jersey who have been diagnosed with a terminal illness, or who have been given less than six months to live can...
The New Jersey Probate Process – Part 2
The Advantages and Disadvantages of Multiple Executors One of the most important decisions, when you are putting an estate plan in place, is the choice of executor or personal representative. That person will oversee the orderly distribution of your estate in accordance with your wishes, as set forth in your will. In...