Estate Planning

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 […]

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 […]

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 […]

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 […]

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 […]