Blog
The Role of the Court-Appointed Attorney in New Jersey Guardianship Cases
When a guardianship petition is filed in New Jersey, the court appoints an attorney to represent the alleged incapacitated person (AIP). This role is critical to protecting the AIP’s rights and ensuring due process. What Does the Court-Appointed Attorney in New Jersey Do? The attorney is tasked with: Meeting with the AIP in person Reviewing […]
Read More....Guardianship for Elderly Parents in New Jersey
Watching a parent age and become vulnerable can be overwhelming. We regularly help adult children navigate the difficult, but necessary, process of seeking guardianship for elderly parents who have lost their mental capacity and do not already have a power of attorney in place. When Is Guardianship Needed? You may consider guardianship if your parent: […]
Read More....Contesting a Guardianship in New Jersey
Guardianship proceedings can be personal and complex. If you believe a proposed guardianship is unnecessary or not in the best interest of your loved one, you have the right to contest it under New Jersey law. Who Can Challenge a Guardianship? A guardianship can be contested by: The alleged incapacitated person (“AIP”) A family member […]
Read More....How the Guardianship Application Process Works in New Jersey
Starting the guardianship application process in New Jersey involves several important steps designed to protect the rights of the person who may need a guardian. Understanding the application process can help families navigate this often emotional and complex journey more confidently. What The Guardianship Application Process In New Jersey? The guardianship application is a formal […]
Read More....What Is Guardianship?
Guardianship in New Jersey happens when a court appoints a legal guardian to step in and help an adult who is unable to make informed decisions about their health, safety, or finances. This process is called guardianship, and it’s designed to protect individuals, often referred to as incapacitated persons, who can no longer care for […]
Read More....Transnational Inheritance Management between New Jersey and France
When a U.S. citizen inherits or owns property in France, navigating the succession process can be complex. Unlike the U.S., where testamentary freedom is broadly recognized, France follows a civil law system with strict inheritance rules, most notably, forced heirship (réserve héréditaire), which protects the rights of close family members. These rules guarantee a fixed […]
Read More....Inheriting Assets in Germany While Residing USA
Inheriting assets in Germany while residing in the United States, or vice versa, requires navigating legal systems that approach succession from fundamentally different frameworks. Germany applies a civil law system, codified and structured under statutes like the Bürgerliches Gesetzbuch (BGB), where the rules for intestate succession and wills are precisely defined. The U.S., by contrast, follows a […]
Read More....Management of Inheritance with Property in Italy and New Jersey
When a deceased person owns real estate or a business in Italy, the succession issue becomes more complex. The laws governing the administration of estates vary between countries, while still respecting private international law. The same applies in the case of a deceased person of Italian nationality who owns property in New Jersey: Italian law […]
Read More....Who Decides? When Parents Disagree Over Their Child’s Funeral Arrangements
When an adult child passes away without a will or clear funeral arrangements or instructions, grief can quickly become conflict, especially for separated or estranged parents. The recent case of Freedman v. Freedman, 474 N.J. Super. 291 (App. Div. 2023), provides a new legal framework in New Jersey for resolving exactly this kind of tragic […]
Read More....Adult Adoption Doesn’t Guarantee a Share: Lessons from the Sanzari Trust Case
Can an adult adoptee inherit under a trust that includes “adopted children”? In the Matter of the 1979 Inter Vivos Trust of Alfred and Mary Sanzari, the New Jersey Appellate Division said no, unless the trust clearly shows that’s what the grantors intended. Alfred and Mary Sanzari created two family trusts to benefit their son […]
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