Blog
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 […]
Read More....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 […]
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