Blog
Are Arbitration Clauses in Wills Enforceable in New Jersey? A Look at in re Hekemian
Estate litigation is costly and emotional, so it’s no surprise that some testators try to avoid it by including arbitration clauses in their wills. But in in re Hekemian, the Appellate Division held that, in New Jersey, those clauses likely don’t hold up, at least under current law. Samuel Hekemian’s will require that all disputes […]
Read More....Undue Influence or Independent Choice? What In re Laury Teaches Us About Challenging a Will
Not every close relationship amounts to undue influence, even if someone ends up inheriting everything. In In re Estate of Laury, the New Jersey Appellate Division reaffirmed that suspicion alone isn’t enough to overturn a will. When Michael Laury Jr. passed away in 2020, he left behind a will naming his aunt Michelle as executor […]
Read More....In re Estate of Spitz-Oose: The Risk of Oral Promises in Estate Disputes
Can you enforce a promise someone made, especially if they’ve passed away and never wrote it down? That was the issue in in re Estate of Spitz-Oose, where a son claimed, his late mother had promised to leave him real estate in exchange for years of unpaid work. Brian Spitz alleged that his mother promised […]
Read More....Roik v. Roik: When Divorce and Death Collide
What happens if someone dies before their divorce is finalized, but after signing a marital settlement agreement? That’s what the New Jersey Appellate Division tackled in Roik v. Roik, a case with major implications for estate and divorce planning. Paul and Anita Roik were married for 46 years. In 2020, Paul filed for divorce. The […]
Read More....What the Jimmy Buffett Estate Fight Can Teach Families
Know what’s definitely not a cheeseburger in paradise? A drawn-out legal battle between family and trusted advisors. Yet that is exactly what’s happening in the wake of Jimmy Buffett’s passing and it’s a reminder of how even the best intentions can lead to family conflict without careful estate planning. Buffett, whose estate is worth an […]
Read More....Revocable Trusts vs. Irrevocable Trusts: What is the Difference?
Both revocable and irrevocable trusts are used in estate planning, but they serve different purposes and offer different advantages and disadvantages. A revocable trust allows the person who sets up the trust (the grantor) to change or revoke the trust at any time during their lifetime. At the time of your death, a revocable trust […]
Read More....What Is New Jersey Medicaid Planning?
New Jersey Medicaid planning is a legal and financial strategy designed to help individuals qualify for Medicaid benefits while preserving as many of their assets as possible. Medicaid is a federally funded program administered by each state (known as NJ FamilyCare in New Jersey) that provides health coverage to individuals with limited income and resources. […]
Read More....Understanding the Medicaid Look-Back Period in New Jersey
If you’ve started researching Medicaid planning, you’ve likely come across the term of the Medicaid look-back period in New Jersey. But what exactly does it mean, and why is it so important? What Is the Medicaid Look-Back Period in New Jersey? In New Jersey, the Medicaid look-back period is a five-year timeframe during which Medicaid […]
Read More....Revocable Living Trust: A Flexible and Practical Estate Planning Tool in New Jersey
When it comes to estate planning in New Jersey, a revocable living trust is a versatile option that can help you manage your assets during your lifetime, and simplify the process of passing them on after your death. Please note that a revocable living trust is not appropriate in every circumstance, and should only be […]
Read More....5 Common Medicaid Planning Mistakes in New Jersey Families Should Avoid
Navigating Medicaid planning mistakes in New Jersey can be challenging, especially when it comes to planning around long-term care. Whether you’re preparing for your own future or helping a loved one, avoiding these common mistakes can make a significant difference in protecting your assets and ensuring peace of mind. 1. Delaying the Planning Process One […]
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