A caution on what could happen when a New Jersey resident’s Will is lost at the time of their death. When a loved one passes with a valid Will, their intentions for the disposition of their assets passing through their estate are usually clear. Issues arise with many Wills when the intentions are not clear or the original New Jersey Resident’s Will is lost at the time of their death. This article discusses a recent New Jersey Appellage Division case and what may happen if a Will cannot be found.
Example of When A New Jersey Resident’s...
How does NJ settle burial disputes between parents when a child passes away? Every parent’s worst nightmare is to have to bury their child. And a process like that, which seems like it could get no worse, actually can. In cases where parents dispute how to honor their deceased child, the endeavor becomes not only sad, but contentious. As the parents of the child, each should play a role and have a say, but sometimes an agreement cannot be reached. This is where the court system will be forced to make a decision. Read on to understand more about...
The doctrine of probable intent guides courts in construction of a will or trust. It is crucial to use clear, unambiguous language when creating your estate plan. The terms of your will or trust should provide specific instructions on how your estate will be administered. Without precise directions, the possibility of a contest or dispute over the document remains open. So, what happens in the case of ambiguous estate planning documents? How does the court decide how to interpret vague direction in a will or trust?
The Doctrine of Probable...
Let’s look at what is protected under New Jersey worker’s compensation law and the landmark case of Keim v. Above All Termite & Pest Control. The last thing anyone wants to worry about at work is getting hurt. People just want to do their job, get through the day, and head home. But sometimes injuries occur in the workplace. When this happens, employees are typically eligible for worker’s compensation. However, there are cases in which the details of how or where someone was injured could make a worker’s eligibility for recovery...
Let’s explore the types of commercial lease agreements you may encounter when renting a an office, warehouse or retail location. Renting real property is unique because the landlord retains legal ownership while the tenant uses it for their own chosen purposes. Both the landlord and tenant will typically agree to the terms of lease, which is often drafted by the landlord or their representative.
Renting is not just used for residential purposes either. Commercial renting is also very common. The primary difference between...
Per Stirpes is a simple method of adding contingent beneficiaries to your will. Deciding who will inherit your assets and estate after you pass away is an important, sometimes difficult, decision. It can be more complicated in cases of large estates or those with many beneficiaries. One way to simplify this process is to use language such as “per stirpes” in your last Will and Testament.
What Is Per Stirpes?The term “Per stirpes” means “by branch” or “by roots” in Latin. The branches or roots in this legal phrase refer to a family tree, or...
The Corporate Transparency Act (CTA) went into effect on January 1, 2024, requiring millions of small businesses across the U.S. to register with the Department of Treasury. Under the new legislation, businesses that meet certain criteria must submit a Beneficial Ownership Information (BOI) Report to the U.S. Department of Treasury’s Financial Crimes Enforcement Network (FinCEN), providing details identifying individuals who are associated with the reporting company.
The CTA was established to prevent individuals...
When administering the estate of someone who has passed, the priority should always be to honor their intentions and wishes. In most cases, this can be done by simply following the directions laid out in a decedent’s last Will and Testament. However, if a potential beneficiary or relative believes that the Will is invalid, matters can become complicated. One of the most common issues involving the validity of a will is undue influence. In the case discussed below, a man accused his sister of unduly influencing his deceased son into naming...
There are many ways to own property jointly in New Jersey, In some instances, if owners cannot agree to how to handle a property, a partition action may be the only option to resolve the dispute. When deciding to own property with another person or people, you should carefully consider what arrangement works best for you and the other parties involved. In the unfortunate event that one owner dies, the other property owners should be prepared for how that will impact their agreement.
What is Partition Action?A partition is a legal action...
A caution on what could happen when a New Jersey resident’s Will is lost at the time of their death. When a loved one passes with a valid Will, their intentions for the disposition of their assets passing through their estate are usually clear. Issues arise with many Wills when the intentions are not clear or the original New Jersey Resident’s Will is lost at the time of their death. This article discusses a recent New Jersey Appellage Division case and what may happen if a Will cannot be found.
Example of When A New Jersey Resident’s...
