Marshaling the Assets of a New Jersey Estate
Marshaling the assets of the decedent’s is one of the many important tasks an estate executor or administrator in New Jersey must perform following the death of a loved one. This is one component of the probate process, and while it is relatively straightforward, it is the estate’s designated representative’s responsibility to thoroughly manage the process.
What is Marshaling Assets?
The marshaling of an estate’s assets is the gathering of all of the decedent’s assets after they have passed away. The executor or administrator...
Read More....What Happens When Someone Dies Without a Will in New Jersey?
When a loved one dies without a will and leaves behind property & other assets, the probate process will be slowed. It is very important to prepare your Will in order to make the procedure easier for your loved ones. However, unexpected events occur, and sometimes a loved one isn’t able to leave behind a Will to help guide you in distributing their assets.
Who Decides How Property is Distributed Without a Will?
If there is no Will, property of the deceased is automatically distributed according to the intestacy laws of New Jersey. While...
Read More....Self-Proving a Will in New Jersey: What are They and What are the Benefits?
Self-proving a Will is Among the many things to consider in the process of drafting a Will in New Jersey . When a Will is not self-proving, the process of probate is much longer. To make the waiting period as short as possible, and the entire process much smoother, consider drafting a self-proving Will.
When the testator of a Will passes away, the first step in administering the estate is probating the Will . A valid Will must be in writing and include two signatures from witnesses who can confirm the testator’s signature. If the document has...
Read More....Beware of the Possible Expense of a Surety Bond in Estate Planning
Purchasing a surety bond is among many of the tasks that may need to be completed when administering an estate in New Jersey. When a person is given the responsibility of representing an estate and distributing the deceased’s assets, normally there must be something in place to secure the faithful performance of the representative’s duties. That is where surety bonds come in.
Anyone appointed to represent an estate, whether it be an administrator, executor, or other representative, may be required to purchase a surety bond. A surety...
Read More....When is a Guardianship in New Jersey Necessary?
Guardianship in New Jersey is a legal service Ward Shindle & Hall Attorneys excel at, guardianship over a loved one may be considered in a number of circumstances. Although it can be a necessary tool and a way to provide care to someone who needs it, guardianship should be considered as a last resort. In most cases, the initiation of a guardianship action removes an individual’s rights to make their own decisions and to be independent. However, there are a few instances where guardianship is deemed necessary.
What is Guardianship?...
Read More....Why You Should Always Remember to Read What You’re Signing
“Always read what you’re signing”: it seems like common sense advice. However, when you are in a rush or a document is tediously long, it can be easy to be compelled to skim. As strong as the urge may be in the moment, remember to slow down and take the time to read what you’re signing. In a recent estate case involving Gina Bilotti, a woman purchasing a house, and Howard Altman, who owns the inspection company hired to inspect the house, Bilotti learned the importance of reading what you are signing.
In 2017, Bilotti hired Altman and his company...
Read More....Is the Promise of a Gift Enforceable?
The promise of a gift is a very tricky thing, in the recent New Jersey Appellate Division case of Filippelli v. Ingis regarding the proceeds of a decedent’s IRA funds, two siblings fought over $75,000 allegedly promised from one to the other. In Filippelli, an aunt chose to pass her IRA funds to her niece, excluding her nephew. After the aunt’s passing, the niece promised her brother half of the IRA despite no obligation to do so. While she allegedly worked out some tax concerns, the niece gave her brother $35,000 as a gesture of goodwill. ...
Read More....NJ Slip and Fall Victim Wins Appeal Against Supermarket
Slip and fall accidents can happen anywhere and they can happen suddenly without warning, in a survey the general population, and you will likely get a split opinion on grocery stores. For some, the weekly trip is a chance to plan the week ahead, stock up on delicious snacks, and save money by preparing home meals instead of eating out. For others, it’s a hassle, a time-suck, and a guarantee that a week later, an unopened bag of spinach will hit the garbage can at home. What people usually do not worry about are grocery store accidents....
Read More....NJ Tort Claims Notice Requirements Halt Another Plaintiff
In daily life, some rules are meant to be broken, and some are made to be strictly followed, if you don’t follow said rule you end up with a tort claim on your plate. This is the lesson a New Jersey man recently learned when the Appellate Division affirmed the Superior Court’s denial of his request to extend a filing deadline in the case of Gartenberg v. City of Hackensack. The failure to timely file a required notice meant the man completely lost his right to sue for injuries sustained from a fall on a poorly maintained sidewalk in Hackensack,...
Read More....Volunteer Wins Workers Compensation Case Before New Jersey Supreme Court
Workers compensation is a necessity amongst most businesses, but with a non-profit charity job this sometimes may not be the case. Have you heard the expression, “no good deed goes unpunished”? Well, that was almost the case for one New Jersey woman. In Goulding v. NJ Friendship House, Inc., the Plaintiff, a cook and teacher for a New Jersey non-profit, worked a “Family Fun Day” organized and hosted by her employer. All of the employees who worked at the event had volunteered and were not required by the non-profit to do so.
During the event,...
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