Estate Planning
Another Sibling Squabble in Estate Litigation
Be careful who you allow control over your money. It can come back to haunt you. In a recent case, the New Jersey Appellate Court held that a sister could not establish unlawful conversion by her brother because she did not prove that she ever had ownership over the property in dispute. Conversion is the civil law equivalent of theft. The controversy arose during the administration of Mabel McDermott’s (“Mabel”) estate. Alan McDermott (“Alan”), Mabel’s son, was the designated executor of the estate. Joy McDermott (“Joy”), Mabel’s...
Read More....Proving Undue Influence in New Jersey Estate Litigation
In a recent decision, the New Jersey Appellate Court made two separate findings regarding undue influence on an elderly mother (“decedent”), even though all of the alleged events happened within the same general time period. The decedent’s Last Will and Testament (“Will”) appointed her daughter, Cathy Timpone (“Timpone”) as executrix of the estate and split her residuary estate in thirds: one-third to Timpone, one-third to her son, Ronald Porto (“Porto”), and the last third to be split evenly between her grandchildren.
The dispute...
Read More....My Loved One Died Without a Will. What Now?
When a loved one dies, their Last Will and Testament (“Will”) governs the distribution of their estate. But what happens when a loved one dies without a validly executed Will? In New Jersey, a law was enacted specifically to address this situation. A person that dies without a Will is referred to as having died intestate. Estate administration, including those for intestate estates, is handled in a special court known as the Surrogate Court in the county in which the decedent lived.
A person may submit an application with the Surrogate...
Read More....Basic Guide for the Guardian of a Loved One’s Estate
In order to become a guardian of the estate, you must file an application with the Superior Court of NJ. A judge will determine whether you qualify as a guardian. If you do qualify, the judge will issue a judgment to confirm guardianship. The judge may also require you to post a surety bond, which essentially acts as an insurance policy to protect the assets of the protected individual. Then, you will receive certificates which assert your authority over the estate.
https://vimeo.com/1028565335?loop=0After you are appointed, you must...
Read More....Probate Checklist for New Jersey Estates
If you find yourself as the Executor or Administrator of an Estate in New Jersey, it can be an overwhelming task. Here is a couple of useful tips and checklists to make the probate process a little easier.
An Estate in New Jersey must be opened in the Surrogate’s Office in the County where the decedent resided. Please note the probate of a Will in New Jersey cannot occur until the eleventh day from the date of death. The process can be started before but the Estate will not be issued until the eleventh day.
https://vimeo.com/1028565644?loop=0... Read More....Proving undue influence when a loved one makes a last-minute change to their will in NJ
In 2018, the New Jersey Appellate Division upheld a decision that a daughter, who inherited only 10% of her father’s residuary estate after his death, could not establish that her father was under undue influence when he signed the most recent version of his will. In his original will, the father divided his estate 50/50 between his two children. Less than a year before his death, her father changed his will, decreasing the daughter’s share significantly while leaving 80% of the residuary estate to her brother. For that ...
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