Archive for the 'Wills- Probate' Category

Who will access your digital assets when you can’t?

August 29th, 2017

Fiduciaries need access to digital assets for online bank accounts, social media, email accounts. Consent must be provided to executors, trustees, guardians and powers of attorney to access digital assets

Executor of Estate? Use our Executor Checklist

December 21st, 2016

In Charge of Dad’s or Mom’s Estate? When a loved one passes away and you’re named as executor of his or her estate, you’re likely to feel a mix of emotions. Sadness over the individual’s demise, of course but mixed with that, will be... Read More

Provide for Your Loved Ones with Prudent Estate Planning

October 23rd, 2014

Trusts can be very beneficial to provide for loved ones. Trusts can protect assets from creditors, from equitable distribution, to avoid guardianship.

Executors Beware: NJ Law Requires Child Support Search Prior to Distribution

November 27th, 2013

If you are executor of an estate in New Jersey and intend to make a distribution to the beneficiaries, there’s one important step you need to take first. NJ law requires an executor/administrator to initiate a child support enforcement order for any beneficiary receiving in excess of $2,000 prior to the distribution. The executor is personally liable for making a distribution without initiating the order, as the Child Support Judgment is a lien against the net proceeds of any inheritance in NJ.

Life Insurance Proceeds: Name your Heirs or the Government Shares!

June 3rd, 2013

Many people assume life insurance proceeds, regardless of who the beneficiary is, are exempt from NJ Inheritance tax. Therefore, even if they are leaving their estate to a beneficiary who is not a spouse or child, they see no need to choose a beneficiary. However, life insurance left to an estate where the ultimate beneficiary is not a spouse or child is only exempt from NJ Inheritance tax if the beneficiary is actually named. As NJ Inheritance taxes can be as high as 16% it is prudent to take the simple step of naming a beneficiary to avoid the NJ Inheritance Tax.

Separated Husband’s Will Upheld by Court despite Spouse’s Court Order

July 29th, 2012

In Estate of Jon den Hollander, an interesting question arose regarding a court order restricting a separated spouse from dissipating marital assets. This order is often established to prevent the deprivation of one’s spouse of equitable distribution. What if the separated husband dies before the divorce is finalized with a will directing his assets to […]

Unexecuted Will Admitted to Probate by NJ Superior Court

July 20th, 2012

An unexecuted will was admitted to Probate in NJ. The decedent reviewed will which expressed sufficient testamentary intent.



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