Probate & Estate Administration Law Blog

Financial obligations are a top priority during estate administration. Personal representatives must identify creditors and provide them with written notice so that they have an opportunity to file a claim against the estate. They also frequently need to retain estate funds for the purpose...

Naming a guardian for a minor child when estate planning is crucial. This ensures the child is taken care of by a trusted party when the parents become incapacitated or die before the child is an adult. However, some parents make certain mistakes when...

Research shows that many older folks derive significant benefits from aging in place. Not having to uproot themselves in their golden years and resettle in an unfamiliar community allows them to finish out their days in their cherished family home. But be aware that...

If you have a minor child, it’s critical to name a guardian for them when estate planning. This party will take on parental-like responsibilities if you become incapacitated or die before your child becomes an adult. Choosing someone who will potentially be responsible for...

An estate plan allows people to decide how their assets should be managed after they pass away. Estate planning is a lifelong process. Many people update their estate plans regularly throughout their lives. Knowing when and why you should update your estate plan is...

Gifts to others can play an important role in a modern estate plan. Testators with valuable personal property and financial resources may want to see their beneficiaries enjoy their inheritances. They can achieve that goal by gifting resources to their loved ones while they...

As people age, they may start discussing their legacy with loved ones. Parents and grandparents may talk about their plans with their children and grandchildren. Frequently, everyone in the family knows roughly what to expect when reviewing the will of someone who recently died....

As you plan to protect your family’s future, the legal terms about making decisions can be confusing. This confusion often stems from the fact that both a power of attorney (POA) and a guardianship achieve the same practical result: providing a resource for someone...

Sometimes, it seems like there is no end to the taxes Americans pay. This can vary by state. Most states, for example, don’t have an inheritance tax. However, New Jersey is among the six that can levy an inheritance tax on inheritances when a...

The aftermath of a loved one’s death can be a time of grief, disorientation and anxiety. It can be made worse if the person that the loved one chose to be the executor of their estate (or the person appointed by the probate court...

Everyone makes mistakes. While many mistakes are inconsequential, an estate planning mistake can lead to legal disputes, family fights and unfulfilled last wishes. If you have an estate plan, then it is important to review your plan and avoid these costly mistakes: 1. Your...

All adults should take the time to create an estate plan. This requires them to make multiple decisions, some of which revolve around their property. While estate planning includes deciding who receives what, it also can help people protect assets, reduce taxes and help...

The death of a loved one often comes with emotional stress, and disagreements over their estate can make the grieving process even harder. While most wills are accepted without issue, sometimes questions arise about whether the document is valid or whether it reflects the...

Guardianship is a legal process that grants one person decision-making authority over another, often involving personal, financial and medical matters. When parents begin to age, conversations about their future care often arise. Adult children may sometimes feel pressured to take legal guardianship sooner than...

Personal representatives and the people closest to the decedent usually want to uphold their last wishes. In some cases, they may have questions about the validity of the will or other estate planning documents. Family members may feel confused about the terms included in...

When someone close to you passes away, managing their estate can feel like a heavy task since it involves many steps and decisions that you may not have expected. Estate administration is the process of gathering what the person owned, paying any remaining debts...

A trust is just one part of an estate plan, but it can give you some options that go beyond writing a will. You can often choose between creating an irrevocable trust, which cannot be changed after it has been created, or a revocable...

Making the decision to transition a loved one into long-term care is not always easy. Whether prompted by a recent medical event or the gradual progression of age-related challenges, the move carries emotional and practical weight. Families often find themselves balancing concern for well-being...

Estate planning is a personal matter that should reflect the creator’s wishes. While the creator may turn to others for help in determining how to set things up in the estate, the final decision must be based on their own desires. There are times...

When people think about handling a person’s estate, their attention usually turns to distributing assets. Most people don’t think about the person’s debts, but those will have to be taken care of, too. The debts of a decedent typically fall on the estate to...

Estate planning protects your legacy, your loved ones, and your peace of mind. Yet many NJ families fall into avoidable traps that complicate their plans. Here are 5 of the most common mistakes we see—and how to avoid them: Failing to Update Wills and...

When doing their estate planning, some New Jersey residents may have concerns about how their loved ones will manage and use any funds they leave them in their wills. There could be concerns about how access to large sums of money could upset the...

You might think, instead of writing a will or creating a trust, why not just give away your assets now and save everyone the trouble later? It sounds simple – no lawyers, probate or other formalities – just a generous hand-off to your loved...

On May 5, 2025, the New Jersey Appellate Division issued its decision in A.D. v. Essex County Department of Family Services, a case that serves as a clear—and costly—reminder that Medicaid is a program grounded in strict procedural compliance. The court’s ruling reinforced a...

Navigating Medicaid options can be overwhelming—especially when asset transfers or prior gifts are involved. The process often requires attention to both legal nuance and extensive paperwork. This guide offers a concise overview of Medicaid eligibility in New Jersey for single individuals over age 65...

You’ve worked hard to accumulate your wealth. If you haven’t already, now is the time to figure out how those assets will be dispersed when the time comes. But the thought of your loved ones inheriting your estate might leave you on edge, especially...

In the digital age, your smartphone holds more than just messages and photos—it may be a key piece of your legacy. That’s why Apple introduced the Legacy Contact feature for iPhone users. This tool allows you to designate a trusted individual who can access...

When it comes to estate planning, one of the most challenging decisions parents face is how to divide their estate among their children. While the concept of equality might seem like the simplest and fairest approach, the reality is often more complicated. It is...

The Social Security Administration (SSA) is undergoing one of its most dramatic overhauls in recent history. From benefit increases for public-sector retirees to stricter identity verification and office closures, these changes will have wide-reaching implications for millions of Americans. Here’s a breakdown of what’s...

As the executor of your loved one’s estate, you are responsible for managing their affairs. That includes settling any outstanding debts. Handling creditor claims is a significant part of the estate administration process, and mismanaging this responsibility can lead to personal liability. That said,...

Death during probate creates extra work for everyone involved. This happens more often than you might think in New Jersey, affecting how the original estate is distributed. Executors must know the proper steps when a beneficiary dies before receiving their inheritance. What New Jersey’s...

New Jersey’s aging population makes elder fraud a pressing issue. By 2025, nearly 18% of the state’s residents will be 65 or older, a 31% increase since 2010. More seniors mean more potential targets for fraudsters. And the numbers are alarming. A June 14,...

In the case In the Matter of the Estate of Michael D. Jones, the Supreme Court of New Jersey addressed a critical issue: whether an ex-spouse’s rights as a designated beneficiary on U.S. savings bonds were nullified by divorce. Background of the Case Michael...

An executor is not usually personally responsible just because someone challenges a will. In New Jersey, the executor’s main job is to handle the deceased person’s estate. This includes collecting assets, paying off debts and distributing the remaining assets according to the will. Liability...

Starting probate quickly after a loved one passes away can offer many benefits. In New Jersey, the probate process ensures the court supervises the distribution of the deceased’s assets, payment of debts, and resolution of any disputes. You can make the process easier and...

Planning for a family member with a disability comes with a unique set of challenges. You want to provide for them financially, but at the same time, you don’t want to accidentally put their government benefits—like Medicaid or Supplemental Security Income (SSI)—at risk. That’s...

Gifting assets to your loved ones during your lifetime can be a rewarding experience. Aside from the potential tax advantages, this practice allows you to witness the impact of your generosity firsthand and help ease potential financial burdens for your loved ones. However, while...

In In re A.D., the New Jersey Supreme Court affirmed the denial of legal fee awards in a guardianship case where the court-appointed attorney and temporary guardian for an “alleged incapacitated person” under Rule 4:86 sought awards of legal fees and costs against an...

Coping with the loss of a family member or close friend is challenging, and handling their estate can add to the stress. The situation becomes particularly complicated when their loved one’s assets are not enough to pay off all debts and fulfill the bequests...

Estate planning isn’t just about deciding who gets Grandma’s china or your secret cookie recipe. It’s also about making sure you are taken care of if life throws you a curveball. Two unsung heroes of planning—powers of attorney (POA) and advanced healthcare directives—can save...

When a loved one passes away and leaves assets to underage beneficiaries, estate administrators in Cherry Hill and Linwood, NJ face unique challenges. After all, minors do not have the legal capacity to manage their assets and properties. This guide will help you understand...

In Re Estate of Kremer, No. A-3649-22 (App. Div. Dec. 4, 2024) The Decedent executed a self-proving will on October 7, 1992, naming one sister as the executor (the Defendant/Appellant) and the other as the successor executor. In 1997, the Decedent married her husband...

Probate, the legal process of administering a deceased person’s estate, may be time-consuming and costly. Many seek ways to avoid probate to simplify matters for their loved ones. Below are two potential methods to bypass probate and why this might benefit you and your...

In estate planning, one of the most important documents you will create is your will. However, disgruntled family members or other interested parties may challenge even a carefully crafted will. Below are steps you could consider to minimize the risk and ensure your heirs...

Thanksgiving is a time for gratitude, family, and meaningful conversations. While the holiday is often centered on turkey and traditions, it can also be a valuable opportunity to discuss important topics—like estate planning—with loved ones. These conversations may feel uncomfortable at first, but they...

Financial exploitation of seniors is a serious issue in New Jersey. Scammers often target older adults because they can be seen as more vulnerable. These criminals use different tactics to steal money and assets from unsuspecting seniors. Recognizing the signs of exploitation is crucial....

Losing a family member is difficult, and dealing with the aftermath can be even more intense, especially when handling their will. If you’re a beneficiary and suspect something isn’t right, you might feel overwhelmed and unsure about your next steps. The good news is...

Planning for the future can feel stressful and overwhelming, especially when protecting your family and assets. You’ve likely come across the terms “irrevocable” and “revocable” trusts, and it’s normal to feel a bit lost. This blog will explain the critical differences between the two...

When a loved one passes away, the last thing you want to worry about is whether the person in charge of settling their estate is doing their job correctly. Unfortunately, executor misconduct is more common than you might think. As someone planning for the...

After building a life together, many couples are under the assumption that a joint estate plan is sufficient to protect their shared future. In most cases, creating separate plans can better serve each spouse’s unique needs and wishes. Estate planning laws allow for personalized...

Probate disputes can be costly, time-consuming and emotionally draining. When a loved one passes away, the last thing anyone wants is to be caught in a legal battle over their estate. Probate mediation is a potential solution, but is it a good idea? What...

Estate planning is often associated with retirees and married couples with children. But the truth is, everyone, regardless of age or marital status, needs an estate plan. What makes a comprehensive estate plan? A well-crafted estate plan typically includes: Will : Specifies how you...

Managing the intricacies of probate can be a daunting task. The process of settling the estate of a loved one can be overwhelming, and the legal landscape can be complicated. With the stakes high, it is crucial to avoid errors that can cause delays...

Caring for aging relatives can be a rewarding but challenging experience. It requires patience, understanding, and a thoughtful approach. Your loved ones deserve the best care possible as they age. Creating a long-term care plan A long-term care plan is essential for ensuring your...

Most of the time, being an executor is no walk in the park. Aside from completing tasks related to administering the estate, the role involves other duties that require extensive patience, time and thoroughness. All in all, these responsibilities can be overwhelming and a...

If you have a specific goal in mind for the inheritance that you are leaving to the next generation, you may want to use a trust. For instance, maybe a new grandchild was just born. You know how important it is for that child...

An executor plays a critical role in estate planning. After your passing, they assume the legal responsibility of handling and distributing your assets according to your wishes. Choosing the right person for this significant role is essential to ensuring the administration process is smooth...

Many people think they should keep their estate plan a secret. They fear disclosing the details of it could cause people to behave differently, or give rise to gossip or provide business competitors with juicy details to feast on. There is usually no need...

You might think that most American adults have already made their will. Sadly, you’d be wrong. The latest survey from Caring.com shows that the percentage of U.S. adults with a plan is worryingly low. What’s more, it is dropping. Less than half of adults...

You can challenge the validity of a loved one’s will in probate court if you believe it does not reflect their true wishes and intentions. Should you succeed in challenging the will, the court may declare it invalid and take appropriate action as it...

Death is inevitable – but nobody likes to think about it. So, what happens if you don’t? Roughly 67% of people in the United States don’t have an estate plan and are at risk of dying intestate. What’s the harm in that? When you...

The most important document that you will likely mainly focus on as you draft your estate plan is your will. Your will documents your last wishes for who should handle your assets after you pass away and who should benefit from your estate. Despite...

Many estate disputes revolve around high-value items. The beneficiaries involved are debating how that value should be transferred to the next generation and split between them. For instance, a parent could leave a family home behind. If there are no instructions for what the...

You may have read estate planning advice to remember to include all your assets in your will. And that forgetting something could lead to confusion about who you want to get it. While this is generally true, there is one category of asset you...

A trust is one of the most important estate planning resources that you can establish. When done right, a trust can offer a variety of benefits such as reducing your estate taxes, saving time, safeguarding your privacy and ensuring that your assets go to...

If you’re making an estate plan, it is wise to address debt. For instance, maybe you want to set up a trust fund in advance that can be used to cover some of these costs. There are also ways to pay down debt if...

An executor is responsible for administering the estate of a deceased individual and executing the wishes outlined in their will, if one has been left behind. Given their prominent role in the probate process, the law requires executors to act in the best interests...

When you draft a will, you hope your assets will be distributed according to your wishes. Sometimes, however, a will can be the root cause of a costly and time-consuming inheritance dispute. It’s on this basis that you may want to include a no-contest...

Most people do not know how much their parents own, and many believe it is much more than it is. That might lead to complacency, with them believing they do not need to save for retirement as they will inherit a large amount from...

You love your family, so you want to make sure that your estate plan is in place. You also want to make sure that you entrust the job of executor to the right person – and that can prove challenging. Because the executor of...

If you’re making an estate plan, you do have some control over what happens to your estate at that time. You can decide who gets which assets, for instance, or how financial accounts should be split up. You can give items away as gifts...

Drafting an estate plan largely centers around choosing who will inherit your assets when you die. Nonetheless, there are also major decisions to factor in. If you have young children, then you most likely want to nominate someone to look after them if something...

Whether you’re preparing to update your estate plan to include your grandchildren or you’re just now developing your plan, you may decide that the best thing you can do for them (and their parents) is to help fund their college education. Whether your grandkids...

Many people often wonder. “Is there an ideal age to begin planning for the future of your estate?” The answer to that isn’t a straightforward one, as it largely depends on your individual circumstances and goals. It’s natural to assume that estate planning is...

When a testator passes away, their will is submitted to probate court. The probate court judge should review and authenticate the will. Once it’s clear the will is valid, the executor of the estate is then responsible for the distribution of assets. However, probate...

Some people have no living relatives – or only very distant kin they may have never even met. These folks may believe that they don’t need an estate plan. But the reality is that these are the ones who may most need official documentation...

A final will is among the most important documents you may ever create. In it, you can let everyone you love know what you intend to happen to your estate after you die. Unfortunately, well-meaning family members who believe you may have lacked the...

There is little doubt that conversations with parents or grandparents about getting older can be challenging. Most elderly people want to preserve their independence and dislike it when someone younger tries to tell them what to do. Of course, most everyone wants to protect...

A no-contest clause is an interesting estate planning tool. Essentially, it’s just a clause you can put into the estate plan saying that, should one of the heirs challenge that plan, they won’t get any of the assets. For example, this is sometimes done...

You’re making an estate plan when you realize that you’re not going to be able to pay all of your bills before you pass away. For instance, maybe you pay your property taxes twice a year. But if you pass away before that payment...

Your estate plans will cover a lot of matters. For example, you’ll plan out who will inherit your hard-earned assets, and you’ll also name an executor to manage the process. You can even use your estate plans to name a power of attorney for...

It may be tempting to avoid estate planning by giving away assets to loved ones when you are alive instead of creating a will or trust. After all, you will hand down assets to your heirs like you would with your estate plans. It...

Suppose you become seriously ill or injured and cannot communicate or independently make medical decisions. Who would speak for you? What kind of treatments would you want or not want? How would your loved ones cope with the uncertainty and stress? It’s why you...

If you spend any significant time online and you have reached the age of majority, it is time to start thinking about digital estate planning. Everything you do online contributes to your broader digital footprint. By proactively planning for how that footprint will be...

When you have a child, you may start thinking of things you never thought of before, including what would happen if you died or became incapacitated. It becomes important to consider estate planning and guardianship designations. But, who can you pick among your loved...

Estate planning can be confusing. Most people have a loose understanding of how it works. As a result, people may talk about estate planning without fully understanding what they’re talking about. This can lead to a lot of misconceptions. To learn about estate planning,...

Not as many people have safe deposit boxes as in the past. In fact, many financial institutions have decreased the number they offer because they take up a lot of space and don’t bring in much income. Further, many of our documents today are...

Many people face the challenge of choosing a family member or someone outside the family as the executor of their estate. It may be natural to select your spouse, child or relative to handle your affairs. However, someone from outside, such as a close...

A will is a legal document that speaks for you when you are no longer around to speak for yourself. With a written will, you can have peace of mind knowing that your assets will go to the people or causes you love and...

Discussing estate planning with your parents is possibly one of the most challenging things. However, the chances are you have seen or heard of incidents where families had a difficult time with inheritances and would like to change the narrative for yours. Thus, if...

Whether you have had an estate plan in place for some time or you’ve never crafted one, it’s important to understand the common estate planning missteps that too many American adults make so that you can avoid making these mistakes yourself. The first and...

Often, older people need some convincing to put an estate plan in place. No one likes to consider what will happen after they die. Ironically, the longer you put off developing an estate plan and the older you are when you do, the more...

One reason that people will challenge a will or an estate plan is when they discover that they didn’t inherit anything and they hoped that they would. For instance, someone may claim that the will is fraudulent because the individual who passed away would...

A trust can be an important tool in your estate plan. Choosing a living trust gives you the flexibility you will not get if you choose an irrevocable one. You cannot predict the future, so being able to access assets or alter the trust...

When someone is writing a will, they may decide to leave everything that they own to their spouse. This is commonly referred to as an I love you will. It is a declaration of love because the full estate is going to one person....

A medical power of attorney (POA) is a legal document that allows you to appoint someone to make healthcare decisions for you if you are incapacitated. You do not need to have lingering health issues to have medical power of attorney. An unexpected event...

It helps to look ahead when making your estate plans and plan for unexpected occurrences that may negatively affect your estate. A lot can happen when you are gone, and it may be too late to save the day. Picture a situation where your...

Estate planning goes beyond leaving your assets and property to loved ones after you are gone. It also involves planning for other eventualities, such as mental or physical incapacitation. This is where the power of attorney comes in. A power of attorney (POA) is...

Do you have a will? Congratulations if you do. And if you don’t, it is extremely important that you set time aside to create and sign one. Without a will, it would be up to the state of New Jersey to determine what happens...

Recent IRS regulations direct that if you inherited an IRA or 401(k) from someone who died in 2020 or after, and the decedent died after age 72, you (the beneficiary) must start taking Required Minimum Distributions (“RMDs”) right away! When the inherited IRA rules...

If you’re a grandparent, one of your top concerns is ensuring that your grandchildren are taken care of financially if something happens to you. While you may have an estate plan, should you also consider setting up a trust for your grandchildren? Here’s what...

Putting your estate plan together is something that you might be tempted to avoid. Failing to get the plan together can be a huge mistake. Once you do get started with the estate plan, you must ensure that you handle it correctly. One thing...

When it comes to estate planning, no one knows your heirs and beneficiaries better than you do. You know that while some children or grandchildren may have other positive qualities, good fiscal management has never been one of them. In some cases, there may...

You are among the majority if your ideal senior life includes the desire to stay in your home. About 90% of Americans want to remain in their homes as they grow older. It sounds like a goal that most people can achieve, but perhaps...

As you write your will and consider the assets that you own, you think about your life insurance policy. It’s going to give a substantial amount of assets to your heirs after you pass away. Naturally, you assume that you need to include this...

You’ve always been actively involved in looking after your elderly relatives. Even though your parents have reached an age now where they need a little more assistance, they’re adamant that they don’t want to enter a nursing home. They’d rather have some assistance at...

A will is the primary estate planning tool for many New Jersey residents. However, living trusts are becoming increasingly popular. By placing your larger assets, like your home, car and accounts, in a revocable living trust, you maintain control over them throughout your life....

Your elderly relative has worked hard for many years. Their assets and savings are proof of this. Once you are no longer able to work, these assets can soon disappear though if caution is not exercised. You do everything you can to protect the...

Deciding on long-term care for a parent is never easy. You face many difficult choices and may not even be sure what the best option is for your parent. What types of long-term care are available, and which one is suitable for your elderly...

Estate planning is an important process that involves organizing a person’s finances once they are gone and several other aspects. As with other legal agreements, parties to estate planning documents must have acted voluntarily and have been of sound mind. Unfortunately, there are occasions...

There are times in everyone’s life when they can use some help making decisions. Sometimes, it’s a simple matter of talking things through with a friend. But, there are other times when a person may not be able to make decisions for themselves due...

As your loved ones grow older, you may be involved in considering their long-term care planning options. This is sometimes done along with estate planning, and it’s important to consider all sides of elder care. You may also be wondering what role you need...

Creating a will is the responsible thing to do. It ensures that your wishes are known and that your assets will be disbursed based on these wishes when you pass. However, what if no one knows about your will or where to find it?...

As you create your estate plan, you may decide to simply leave money directly to your own children. Your heirs are old enough to know how to use this money properly and you don’t really want to have any control over it. You’re just...

People often think about estate planning when something goes wrong. A loved one is diagnosed with cancer, for instance, and so they start making plans for the end of their life. If you are a child who wants to talk to your parents about...

Federal tax is applied to almost all of your assets and income. Even your property and other assets you own when you die may be subject to tax again even though you paid taxes on it. Estate taxes levied by the federal government can...

If you have a toddler, you need an estate plan. You may not be very old and you may assume that you have decades of life ahead of you, and you certainly may be right. But you need to make sure that your toddler...

Having to sit down with your parents or someone else you love to find out if they have an estate plan is difficult. It forces you to face the fact that they won’t always be around. Taking the time to do this helps to...

Now more than ever, people around the globe have taken an interest in helping those facing personal and financial hardships. They realize that aid in whatever form is needed can help to heal the world. If you have developed an interest in helping others,...

When you accept an appointment as an estate executor in New Jersey, you should understand that the role comes with many responsibilities. Another thing to consider is how those close to the deceased are likely counting on you to manage their loved one’s estate....

Having an estate plan in place gives you control over your future while ensuring that your legacy is safeguarded. No matter what you own or your status in society, having a properly created estate plan gives you peace of mind knowing that your wishes...

Thinking about what to do in the event that you become incapacitated may be the last thing on your mind. Often, the subject is referred to as depressing and those who discuss it are deemed to be morbid. However, the reality is that there...

Creating your estate plan is the only way that you can ensure your loved ones know exactly what you want to happen with your estate after you pass away. Getting this in order as quickly as possible helps to ensure that they have the...

Many people believe that they don’t need an estate plan until they begin to reach retirement age. That’s when they start planning for the cost of aging, such as living in an assisted living center, and for the eventual need to leave their assets...

You want your assets and personal possessions to go where you direct when you’re gone — but you’re concerned that one or more of your heirs may contest your will. You can take steps now to minimize the chances of your heirs contesting your...

Many people like to add testamentary trusts to their New Jersey estate plans. These trusts allow you to make special provisions for one or perhaps even all your surviving loved ones. For example, grandparents often create testamentary trusts to distribute assets to their grandkids....

The topic of estate planning is often uncomfortable for people to discuss. This is because it can bring up thoughts about aging, death, and losing the ability to take care of yourself in the future. The best way to prepare for this conversation is...

You love your children, and you want to know that they’re secure in life even when you’re no longer here to help them. You have a considerable amount of wealth you can pass on — but should you? From investors like Warren Buffet to...

A comprehensive estate plan lets you dictate how you’d want your assets handled once you pass away. As you’re creating the estate plan, you need to consider who will make sure that your wishes are followed. The person who will do this, and carry...

Guardianships exist to protect the elderly and vulnerable from abusive treatment and personal mistakes that could affect their health and happiness. A guardian can help someone pay their bills and manage their household when they can no longer manage their personal affairs independently. Unfortunately,...

When there are plenty of assets to go around, you might think that estate battles would be unnecessary — but it’s the little things that often matter the most to someone’s heirs. In particular, your parents’ jewelry can be the source of a lot...

When deciding how to set up an estate plan, some individuals decide that they actually want to give their assets away before death. They give money to the kids, give them a house or a cabin, hand their cars to the next generation of...

There are a lot of different things that you need to consider when choosing the executor of your estate. Who do you trust to follow your wishes? What type of relationship do they have with your heirs? Are they even willing to take on...

There are a variety of factors that may result in delays during the probate process. Contested wills are one of the most notable reasons why probate cases drag on. Stepmothers and their stepchildren are most frequently involved in such disputes. A study published by...

As the people you love get older, there may come a time when you need to be involved in their care. There might be a time when they’re not yet in need of a nursing home but they still need some support, or they...

Someone’s estate could include assets worth tens of thousands of dollars — or even more. Real estate, ownership stakes in a business and valuable personal property can motivate some people to try to get more than their fair share of an estate. Sometimes, when...

Most individuals don’t engage in estate planning because they don’t think they’re old or wealthy enough. You can become incapacitated or die at any point, though. Estate planning involves more than drafting a will. You’ll want to take various estate planning steps depending on...

People are often disappointed when they discover the contents of a will. If you are one of them, you might consider mounting a challenge. Before you seek to contest a will, there are few things to consider. Firstly, whether you have legal grounds to...

Executors have a lot of responsibilities when they’re handling an estate, and complications can make the entire process more difficult. The passing of a beneficiary during the probate process can extend the probate process even further, and add new duties to the executor’s list....

It has likely been building for some time, that gnawing realization that it is no longer safe for your elderly parent(s) to live alone on their own. Maybe you’ve put off that uncomfortable conversation for way too long — or are still reeling emotionally...

There are multiple ways that your estate can be subject to taxes after you die. If the sale of estate assets leads to financial gains, the estate may have to pay income taxes. Estates worth more than a certain amount may be directly subject...

Trusts are very versatile legal tools for people with unique legal, financial or personal situations. They can help someone protect their property from taxation or from creditor claims. They can diminish an individual’s personal wealth so that they can qualify for government programs. They...

Strategic gifting often plays a major role in someone’s estate or retirement planning. Diminishing the value of your assets intentionally over several years can mean that you qualify for certain state benefits or that you avoid estate taxation when you die. It’s important for...

Most senior citizens dread the thought of moving into a long-term care facility or nursing home. But they and their loved ones might worry that they are no longer safe living alone at home. What can be done to resolve the situation? For many...

As a parent, the last thing you want your estate plan to do is to create conflict for your children. You want them to be able to come together at an emotional time and support each other. You want them to have lasting relationships...

The executor of a will takes on a big responsibility. Once they accept that responsibility, however, they’re expected to behave responsibly. They even take an oath that they will administer the estate according to the law and the decedent’s wishes. Most of the time,...

Health care professionals must comply with specific rules to protect people’s health information. The Health Insurance Portability and Accountability Act of 1996 (HIPAA) lays out the regulations. However, there may come a time when you need someone else to access your medical details. A...

If you give away assets while alive, it can reduce taxes paid on your estate when you die. However, before you go giving away everything, it is important to realize two things. You probably have nothing to gain from doing so, and secondly, it...

An executor or personal representative is the term used for the person who will take charge of distributing your estate on your death. When making your estate plan, you should think long and hard about who could fulfill this role. Choosing an executor can...

Planning for the chance that you need long-term health care is among the most complicated of all estate planning tasks. Get it wrong, and you could see your entire estate disappear into the hands of health care providers, leaving nothing for your children. Medicaid...

If you are eagerly awaiting your share of an inheritance, it can be disheartening when things seem stuck in probate. Before you start to blame people for the delay, it is essential to understand some of the reasons why probate can take so long....

One of the decisions you have to make about your estate plan is what details you share with your family. Much will depend upon your particular circumstances. What works for one family might not be the best for another. What are the advantages of...

If you intend to live fast and die young, you may not feel you need an estate plan. You might think it only applies to older people who have a family and lots of possessions. However, it applies to you as much as anyone....

The older you get, the more critical it is to have an estate plan. However, you cannot force someone to make one. If your parents have not done their estate planning, you need to understand the reasons why and explain to them why they...

When you discover that your parents left their home to your sister, you might get upset. If this was the principal asset that your parents owned, it might seem unfair that you do not get a share. However, before you think of challenging the...

One of the key aims of estate planning is to pass your assets to the people you choose with the minimum of fuss and the minimum of taxes. With so many different estate planning tools available, it can be hard to understand what they...

Things can get confusing when you start to think about estate planning. There are many legal documents you might or might not need or want to use. However, there are three documents that every estate plan should have. Advanced Medical Directive Some people call...

Giving someone power of attorney is an essential part of your estate planning, as well as something you might use for your business. However, you need to tailor their powers to your needs. What types of power of attorney are there? Here are some...

When making your estate plan, there are specific things that you should exclude. Otherwise, it could create confusion or delays in the transfer of your assets. What should I exclude from my will? Your funeral plans: Create a separate document in your estate plan...

A dynasty trust is a way of keeping money in the family and out of the tax office’s grasp for generations to come. How many generations can a dynasty trust last? New Jersey does not place a limit on how long a dynasty trust...

As a new parent, you want to spend your time with your child, not filling forms in an attorney’s office. Yet, making time to do this is essential to safeguarding your child’s future. It only takes one freak accident for you and your spouse...

If you wish to contest a will, there are three requirements you need to meet. You need to be within the required timescale, be eligible to do so and have grounds to do so. Am I in time to contest a will? As a...

When you create your estate plan, you need to name an executor. You will need someone you can trust to carry out your wishes fairly and transparently. The obvious choice might be someone in your family. After all, you know them better than you...

Nancy M. Rice, Esquire, CELA 1236 Brace Road, Suite F, Cherry Hill Twp, NJ 08034 856-673-0048 2021 New Road, Unit #22 Linwood, NJ 08221 609-398-3447 Fax: 856-673-0052 Q: What is “Elder Law”? A: Elder Law is a sub-specialty within the practice of law. Until...

Elder Law is a sub-specialty within the practice of law. Until the early 1990’s, this area of practice was more generally known as “Estate Planning,”...

It is confusing, to be sure. For the most part, lawyers learn little or nothing about trusts in law school. I learned everything I know...

If you already own, or plan to purchase a vacation timeshare, chances are that you are thinking about the sun and sand, not frustration and...

If a Will is properly executed and has two Witnesses and a Notary, the Will can be admitted to probate by the Surrogate’s Office of...

Nursing homes are rarely anyone’s first choice for aging loved ones, but sometimes these facilities offer the best option in difficult situations. When individuals become too old or too ill to take care of their day-to-day needs, nursing homes can provide the necessary support....

The most common reason is to protect the house in the event one or both of the parents need nursing home care.

By: Nancy Rice Esq Program of All-Inclusive Care for the Elderly (PACE) is a health care model aimed at allowing the elderly to age in place. PACE provides all-inclusive care for frail seniors so that they can remain in their homes, avoiding nursing home...

When we plan estates or advise executors and trustees who are handling estates and trusts, we need to consider both the income tax and the...

Nancy M. Rice, Esquire, CELA 1236 Brace Road, Suite F, Cherry Hill Twp, NJ 08034 856-673-0048 Fax: 856-673-0052 Q: What are the “top 3” legal documents everyone should have? A: 1. Advance Medical Directive/Living Will 2. Durable General Power of Attorney 3. Last Will...

Nancy M. Rice, Esquire, CELA 1236 Brace Road, Suite F, Cherry Hill Twp, NJ 08034 856-673-0048 Fax: 856-673-0052 Q: What are the “top 3” legal documents everyone should have? A: 1. Advance Medical Directive/Living Will 2. Durable General Power of Attorney 3. Last Will...

Nancy M. Rice, Esquire, CELA 1236 Brace Road, Suite F, Cherry Hill Twp, NJ 08034 856-673-0048 Fax: 856-673-0052 Q: What are the “top 3” legal documents everyone should have? A: 1. Advance Medical Directive/Living Will 2. Durable General Power of Attorney 3. Last Will...

Benjamin Franklin once famously wrote, “In this world nothing can be said to be certain, except death and taxes.” American humorist Will Rogers followed it up by saying, “The only difference between death and taxes is that death doesn’t get worse every time Congress...

By: Nancy M. Rice, Esq., CELA I became aware of Continuing Care Retirement Communities (“CCRC’s”) in the 1970’s because my grandmother had volunteered in one and often said she would go there “when she was ready.” At that time, it was expected that the...

An advanced health care directive is an essential part of estate planning. It allows you to set out how you would like medical professionals to treat you if an accident or illness leaves you unable to make your wishes clear at the time. You...

Trusts are one of the estate planning tools you have available when you need to pass assets down to your loved ones upon your death. There are many benefits to establishing trusts instead of just outlining everything in your will. One of these is...

It’s common for individuals to confuse the words heir and beneficiary. This is especially the case if an executor has been tasked with handling their first New Jersey estate administration case. There is a difference between the two terms though. An heir is someone...

Some unscrupulous individuals will prey on older individuals to try to get the elder person to add them into their estate plan. This is a form of financial exploitation that can impact what the beneficiaries and heirs receive when the person passes away. The...

Your estate plan is the key to what is going to happen to you and your assets. It includes some end-of-life plans, such as the advanced directive, and your will and trusts. Many people think that once they create the plan, they won’t have...

Talking about an estate plan isn’t something that’s easy. Instead, it takes time and compassion to have these discussions. If you want to discuss their estate plan with your aging parents, remember that this might not something that they can easily or quickly. In...

Many people tend to use the terms “heir” and “beneficiary” interchangeably, but these are actually very different terms. It is important that people who are handling the estate administration duties understand what the differences are, so they can use the proper terminology as they...

One of the first steps that the executor of an estate must take when a testator dies is to round up their will to take and file it with the probate court in the county in which the decedent lived. It’s often not until...

When your small business is dependent upon you for daily actions and activities, you need to ensure that you have a plan in place just in case something happens to you. A business that is dependent on an owner will likely go under if...

When you have a loved one who is writing an estate plan, they have to determine who is going to administer it. The person they name must be able to make decisions based on the current laws and the wishes of the creator. This...

The estate administration process is one that is mystifying to some people. If you know that you will have to handle this duty, you need to make sure that you understand it completely before you have to do the job. Make sure that you...

One of the decisions you have to make when you are creating an estate plan is whether you are going to establish a trust or not. There are many different types of trusts; however, they all fall into one of two possible categories. They...

Creating your estate plan is only part of what you need to do to ensure that your loved ones are taken care of when you pass away. Once you have the plan in order, you need to talk to your family members to let...

Contesting a will is something that must only occur if you are certain that you are prepared to handle the drawbacks and feel that the benefits outweigh them. You have to ensure that the desire to contest the will isn’t being done as an...

As much as it hurts to think about, there are times when people need to disinherit someone from their estate plan. This is often seen as an extreme measure, but it is one that can be warranted. You might have other options that enable...

When you are setting up your estate plan, you can’t think about only where your assets will go. You also need to consider what you want in your final days. Some people reach a state of incapacity before they pass away. This makes it...

Estate administrators have a lot of do when they are trying to close an estate. It is imperative that they do so in the appropriate manner so that they don’t harm the estate, delay the closing or face troubles themselves for failing to meet...

When you think of an estate plan, you likely think about wills and trusts. But, there is another document that you need to prepare for your loved ones – the letter of instruction. This isn’t legally binding, but it outlines important information that can...

Choosing to go through litigation with a loved one’s estate isn’t an easy decision. For some people, the entire goal of the process is to ensure that the decedent’s wishes are actually followed. One area that might come under scrutiny is the will. In...

One of the most important things that you have to decide as part of your estate planning, particularly if you are a single parent, is who will care for your children if you pass away. The person you choose will need to have the...

One of the main duties of an estate administrator is paying the debts of the estate. This is done with money in the estate since the bills shouldn’t be passed down unless they are on something that is held jointly with someone else. There...

Thinking about the end of your life on Earth isn’t a pleasant thought for most people. One thing that you need to do is ensure that you have things set so that you can be cared for if you aren’t able to make decisions...

Probate litigation is a serious matter that can rip families apart. The issue is that everyone sees the litigious matter as something personal. This can make it difficult for them to think logically about it, which just makes things more difficult to resolve. We...

Many people focus on their personal assets when they are creating an estate plan. They don’t realize that people who have family businesses, including farmers, should have a comprehensive estate plan that sets out what will happen to the business. One thing that no...

The death of a loved one is likely going to have a 5 impact on your emotions, but you can’t forget that there are certain things that have to be done after the death. One of these is dealing with the estate of the...

Many decisions have to be made when you are going through the estate planning process. One aspect of this might not be one that is commonly considered when you are creating your will and setting up trusts. This is the funeral planning part of...

People who have considerable assets need to think about a plan for what they are going to do if they aren’t able to make decisions by themselves. One of the options that you have is to establish a power of attorney designation. This sets...

There are many things that might lead to discontent when the final wishes of a deceased loved one are read. Some heirs might think that the will is unfair, which can cause problems with the individuals who are still living. When this occurs, trying...

People who are creating an estate plan will sometimes decide that they are going to include trusts in that plan so that they can transfer assets over to their heirs more easily. This often comes with many benefits, including easy transfer and the ability...

The legalese in estate plans can sometimes make them difficult to interpret. Still, if you are the estate administrator, you need to understand what’s going on so you can ensure that the decedent’s wishes are followed. It isn’t always easy to carry out the...

Estate planning is something that many adults don’t want to have to think about very often. Unfortunately, there are many things that you might miss if you are trying to rush through the process. It is imperative that you take the time to think...

There are many aspects of your life that you need to think about when you are creating your estate plan. Not only do you need to consider where you want assets to go when you pass away, but you also have to think about...

Estate planning is a vital duty of being an adult. The first of the year is a good time to get this taken care of so you start the year off knowing that you’ve done what you could to protect your family if something...

It isn’t easy to think about becoming incapacitated, but it is something that is very necessary. What if you are unconscious after a car wreck or suffer a debilitating condition that takes away your ability to make your wishes known? In both of these...

Being the administrator of an estate is a huge undertaking. You should ensure that you are fully prepared for this when a person asks if you can take on this responsibility. The duties have to be in accordance with the laws so that the...

The probate process is mystifying to some people; however, it doesn’t have to be. In the simplest of terms, probate is meant to transfer the assets of the decedent to the rightful heirs. This is done based on the estate plan of the person....

Thinking about how your relatives will carry on when you pass away is difficult. One thing that you might do is ensure that your estate plan is in place so they have one less thing to worry about. This will help them focus on...

When you create an estate plan, you need to write a will. This document might seem old-fashioned, but it still plays an important role in the estate. Without one, the state will determine who gets your assets based on intestate succession laws, which outline...

Finding out that you are the administrator over a loved one’s estate usually comes at a time when your mind is reeling from their death. It is easy to become overwhelmed when you are thrust into this spot, especially when you find out suddenly...

Probate litigation isn’t something that most people will experience in their lifetime. Most wills go through the process without any issue. In fact only around 1 percent have issues, while the remaining 99 percent pass though without any problems. You can’t challenge a will...

Parents who have a special needs child often worry about what is going to happen to their child when they aren’t there to care for them. Unfortunately, this huge concern doesn’t always have an easy answer. One thing that the parents can do is...

There are many things that you have to think about when a loved one passes away. If you are over that person’s estate, there are many different tasks to complete. Obviously, making the final arrangements and getting through the funeral are priorities in the...

Tax considerations are sometimes cited as a reason to have an estate plan in place. While this is certainly a consideration in some instances, it doesn’t play a part in others. Many people don’t realize just how important it is to have your estate...

One of the duties you will have when you are creating an estate plan is naming the executor to your estate. This person has considerable responsibilities to handle when you pass away. With this in mind, it is imperative that you choose a person...

Probate disputes can be trying matters for the people who are involved. When your family members opt to dispute an estate plan, it can mean that you will have to fight for what your deceased loved one wanted you to have. While you might...

When you have loved ones who count on you, the thought of losing you might be frightening to them. One of the ways that you can make this transition to life without you easier on them is to have your estate plan set up....

The idea of a prepaid funeral is appealing to many people because they think that this will take the stress off their loved ones. This does seem like it would the best thing to do, but issues with prepaid funeral are more common than...

The estate administrator has a number of jobs to do before the estate can be closed out. One of these is paying for the debts that the estate has incurred. There are specific limitations and orders that come with this duty, so anyone who...

The probate process is mystifying to some people who haven’t ever had to deal with it before. Some people think that when a family member passes away, you just divide up his or her stuff and move on with life. This isn’t usually what...

There seems to be a misconception floating around that estate planning is difficult. This isn’t the case. Getting the estate plan together is actually fairly simple. The hardest part might be deciding what you are going to leave to whom and what you want...

When you are setting up your estate plan, you need to make sure that you are including all components. You can’t focus only on the will because there is so much more to an estate plan than just that. One important thing that you...

Your loved one’s estate might be a big responsibility for you after that person passes away. This is especially true if you are the administrator over their estate. This position requires that you handle quite a few duties. Unfortunately, these come at a time...

Making your estate plan is a serious event in your life. You have to make sure that you have your affairs in order before you pass away. On top of creating a will, establishing trusts and leaving instructions for your final days, you have...

The estate plan that you create lets your loved ones know what you want done in the days after your death, but there is much more to these documents. They can also set the plan for what will happen if you become incapacitated. This...

Creating a will now can help make life easier for your loved ones after you pass away. As you are creating the will, you need to think about what you can do that might help discourage them from contesting the will. You might not...

Estate plans are a set of instructions about the handling of possessions after individuals pass away. These plans are usually followed without any issues, but there are some instances in which people who are left behind don’t believe that the way things are set...

Planning your estate must be taken seriously, but this is one reason why some people might put off the planning process. It is very easy to think that you have plenty of time left to get a will and other components of the estate...

A lot of people wish they could live forever; however, this isn’t something that is going to happen. Since you know that death will occur at some point, now is the time to get things together so that your loved ones know what to...

Many people think that when they die, their debts die with them. This is exactly what happens for some individuals who don’t have an estate to leave behind, but the debts of people who do have assets when they die will have to be...

Your estate plan is a personalized account of what you want to happen when you die, as well as what needs to happen if you can’t make decisions. You have to think about a variety of issues when you are making your estate plan...

Estate administration is something that is difficult to handle for some people. These duties come at a time when you are dealing with the loss of a loved one. This is why some people choose someone not related to them to handle these duties....

One of the components of an estate plan is the advanced directive. This works with the powers of attorney for health care to ensure that you get treatments you are comfortable with when you aren’t able to make decisions on your own. When you...

Naming the executor of your estate is a big decision. It is easy to just jot down the first person who comes to mind. However, the person you name has very specific duties to perform. If they can’t do those in accordance with the...

The administrators of an estate have a lot of responsibilities. Ensuring that you meet the responsibilities head-on is necessary because you need to get the estate handled. You are facing another challenge if you were close to the person who passed away because you...

Having to go through the probate process is something that can be costly and complicated. There are some ways that you can help your loved ones to avoid having to go through the probate process. Using these methods can save them time and money....

If you are an adult, you need an estate plan. There really isn’t any situation that would get you out of this need unless you are truly broke and have no possessions and if you don’t care what happens to you if you can’t...

As a parent, you want your children to have a good life that is filled with stability and opportunity. You are probably doing your best to ensure that this happens. But, have you taken the time to think about what will happen to your...

The administrator of an estate has a lot of duties to fulfill. We recently discussed the duties of the administrator when the decedent has debts. This is only one consideration that the administrator has to think about. We understand how it might be a...

We recently discussed some of the specific things you should consider if you are going to become an organ donor. Just like with most other end-of-life decisions, you should discuss this one with your family members. We can help you to learn about what...

If you know that you are going to pass away with a healthy level of assets in your estate, experts say that giving gifts to your heirs now and throughout your life can reduce the amount of tax that is levied on your estate....

The obvious answer is that you should notify family and close friends, but that’s the immediate answer. Beyond that, the executor of an estate has to make numerous notifications to begin closing out accounts and transferring assets appropriately into the ownership of the estate....

When someone dies, there might be a need to go through the probate process. This is necessary if the person had significant assets that need to be handled. The probate process involves the administration of the decedent’s estate by the person the named executor...

Anytime you have to deal with the legal system or courts, it can be stressing. While there’s typically nothing to fear from the probate process, there might be a lot at stake. Simply dealing with the unfamiliar formalities of the legal process can be...

A few weeks ago, we covered some benefits of Roth IRAs to the estate planning process. We know that many financial planners promote matching IRA savings and lifestyles, making it so that you spend most of your retirement savings during your retirement. It does...

We’ve covered estate-planning statistics in previous blogs, so it’s probably no surprise to our readers that over half of all adult Americans don’t have a will. Common estate-planning misunderstandings are one reason this is the case, and even once you get around to planning,...

Over your life, you worked hard to build wealth and gather assets. You might not want to leave them behind when you pass simply so they can go to waste. If you know that your heirs aren’t great with money or you think they...

Both traditional IRAs and Roth IRAs offer some benefits when it comes to taxes and estate planning, but a Roth IRA comes with one benefit the traditional retirement account doesn’t. Both plans let you put money away for retirement while reducing your tax burden,...

Probate processes can be time consuming and expensive, especially when a dispute arises about a will. Probate is also a matter of public record, which isn’t something everyone wants — you might want to keep some information about your assets and your heirs out...

When someone passes away, the last thing you want to consider is the tax man. While it’s not a pleasant task, someone has to handle the debts and liabilities of an estate, including any remaining tax burdens. That someone is usually the executor, and...

A beneficiary silent trust is a type of trust that allows for the creator of the trust to dictate that the beneficiaries of the trust not be given notice of the trust’s creation or the assets held within. There are many reasons why a...

The ruling that marriage is legal for same-sex couples opens a great many chapel doors for ecstatic brides and grooms, but it also opens a variety of legal doors that are worth considering. Whether you’re planning to keep your relationship as is or you’re...

If you are a New Jersey resident working on your estate plan, you might wonder how limited your choice of executor is. The law doesn’t put that many limitations on your choice, and it doesn’t limit your executor to those who live in the...

For millennials, retirement might seem like a long way off, and worries about your estate are an even distant concern. While many younger individuals don’t yet have assets or potential heirs to share them with, some do, and that makes estate planning an important...

What happens when someone dies without a will or other estate plan in place? Because many people don’t take the time to deal with estate planning, this happens more often than you might think, so the courts can’t spend time hearing arguments or evidence...

In recent weeks, we’ve talked several times about the administration of your estate after you pass away, but in some cases, you might need assistance administering your finances while you are still alive. If you are ever incapacitated by injury or health issues, even...

The state Supreme Court is siding with a woman on the basis of the law, despite what it calls “repugnant” action on her part. The case had reached the Supreme Court after numerous appeals after a trial court ordered the woman to pay the...

Most people know that the death certificate is a piece of paper that officially declares the death of someone. The certificate is issued, sometimes by the funeral home, to the family or executor of an estate. As with almost any piece of legal paper,...

You have an estate plan in place. Good for you! That’s more than most Americans can say. However, too many people make the mistake of putting it in a drawer or safe and never thinking about it again. That can lead to some serious...

Not every will has to be probated in New Jersey, but any will that involves assets that were solely owned in the decedent’s name must pass through probate. This is true in New Jersey no matter what the value of the estate might be....

You’ve decided it’s time to consider your estate plans and make a will to protect your assets and those you love. This is a great step toward a future filled with greater peace of mind and protection, but before you finish your will —...

A legal battle is brewing between the family of a long-time church minister and the church he founded. The church, which the bishop built over the years into a global congregation, claims that many assets of the estate are owned by the church and...

A few weeks ago, we talked about how to ensure your will is valid. But what if you aren’t the one writing the will? What if you are the person appointed to execute the will on behalf of the decendent? At a time when...

Last week, we discussed the importance of estate planning if you have minor children or dependents. An estate plan helps you put guardianships in place for those dependents, so you ensure that loved ones are taken care of in the future by people you...

All your estate planning work might come to naught if your will is invalidated during the probate process. Working with a professional experienced in all aspects of the estate planning and probate litigation process helps ensure your wishes are honored and your heirs are...

A will is an essential part of your estate plan. It documents how you want your estate to be distributed and your final wishes and requests. Despite the important role this document will play in you and your loved one’s futures, many of them...

Understanding how your needs might change as you age is important to solid estate planning, as is understanding the needs of your heirs. A chance exists that you might one day be unable to make financial decisions for yourself. For some individuals, a chance...

When you find out you’ve been named as the executor for a loved one’s estate, you may initially think it’s not going to be too hard. All you have to do is read the will and pass out the items accordingly, right? In reality,...

No matter what phase of life you are in, unexpected medical expenses can throw a giant wrench in the financial works. As you approach retirement and end-of-life, you should consider a number of money-related matters. First, you’ll want to consider how much you need...

When a loved one passes away, there are a lot of things that you have to think about. Some of the things that you will have to do might seem complex. One thing that you should be prepared for is how to handle your...

When you are creating an estate plan, there are sometimes some special considerations that you must take into account. One of these special considerations occurs when you have a dependent who is mentally ill or disabled. Often, a special needs trust is used to...

When you are creating an estate plan, there are numerous options that you have to convey your wishes. Generally, people will choose to use a will and trusts to get their assets distributed in accordance with their wishes. Understanding trusts can be complicated, but...

Dealing with the death of a loved one is a difficult situation. When things settle down some and you start to deal with the estate of your loved one, you might begin to think that something seems amiss. We know that you don’t want...

When you are creating a will, you likely want the will to be as comprehensive as possible. That is a good idea, but you should know that there are some items that aren’t appropriate to include in a will. Understanding this before you write...

Our latest Blog published on FamilyAffaires.com As an estate planning and elder law attorney, I have often urged my clients to consider consolidating their bank accounts, for several reasons. First, it makes your life easier. Second, if you become unable to manage your financial...

We have often discussed making plans for your medical care, such as appointing a health care power of attorney. It might shock some of our readers to know that there is some concern about how Healthcare Insurance Portability and Accountability Act of 1996 affects...

If you’re a young professional of the millennial generation, you’ve probably got a lot on your plate. High unemployment during the Great Recession, an average of $30,000 in student loans — you’ve even redefined the American Dream as a life lived without debt. Staying...

There are many terms that you must know when working through estate administration or when drafting a will in New Jersey, from beneficiary to fiduciary. While these are more common, one you may not have heard as often is “residue.” When it comes to...

The Health Insurance Portability and Accountability Act, or HIPAA, was passed in part to protect patient privacy. Entities covered by HIPAA, such as healthcare providers and insurance companies, are generally prohibited from releasing personally identifiable health information to anyone unless the disclosure is necessary...

Estate and inheritance taxes have been in the news lately, both in New Jersey and nationwide. In a recent, highly partisan vote, the U.S. House of Representatives recently called for the complete repeal of the federal estate trinax. Here, estate and inheritance taxes were...

The vast majority of the time, when people have taken the time to develop a sound estate plan under the guidance of a lawyer, there won’t be a problem when the time comes for probate. In fact, it’s estimated that fully 99 percent of...

We may not want to think about it, but we all know it’s true. We are — each and every one of us — going to die. If we have property to pass on, estate planning is one thing we can do to make...

Many New Jersey residents use trusts as part of their estate planning. The family home is usually the largest asset many people own, and is often the first item to go into the trust. This and other assets need to be properly placed into...

A popular assumption is that if people have significant wealth, as many celebrities do, they may spend a great deal of time on their estate plans in order to preserve the wealth for their heirs and beneficiaries. However, celebrities are as human as the...

Married couples are not the only people who need to plan for who will receive their assets after death or make decisions on their behalf if they become incapacitated. Regardless of whether a New Jersey resident is single because he or she has never...

A loved one’s death may be the end of his or her life, but it is only the beginning of tasks that need to be completed by family members left behind. You may feel as though you spent all of your energy planning and...

It is the beginning of a new year, and that tends to make New Jersey residents sit back and take stock of their lives. For many people, this means either updating or creating an estate plan. One aspect of estate planning that many people...

You don’t have to be part of the New Jersey rich and famous to need an estate plan. In fact, just about anyone in the general population can use an estate plan to help divide assets among beneficiaries when the time comes. The key,...

New Jersey fans of James Brown may already know that this Christmas marks the eighth anniversary of his death. By all accounts, Brown’s estate plan was meticulously done. It was obvious to those who perused it that he put his soul into its creation....

The majority of estate-planning discussions center on an individual’s assets. Sometimes, it is not until a loved one has passed away that family members turn their attention to his or her debts. Whatever debts the decedent has that survive his or her death are...

As 2014 draws to a close, people’s thoughts may not only be on the holidays, but also on wrapping up their finances for the year. This is a good time to take stock of any estate-planning arrangements that need to be made. Every adult...

Deciding who will be the executor of your New Jersey estate may seem like a simple decision, but it should be given more than a passing thought. This person will be responsible for many tasks — not just the distribution of your property. Therefore,...

Wills, trusts and powers of attorney are the tools that most New Jersey residents think about when it comes to estate planning. However, other tools are available that an individual can use to create an estate plan that meets his or her goals. One...

Trusts often bring up images of wealthy people who are limiting their tax exposure and/or providing for their children. However, regardless of a New Jersey resident’s net worth, trusts can be an invaluable estate planning tool for many reasons. Depending on individual estate planning...

Some New Jersey parents may still believe that they do not need an estate plan since they do not have many assets. However, for parents who have minor children, estate planning is about much more than distributing assets. Without a will, who will care...

Even though thinking about dying is not pleasant, many New Jersey residents take the time to put together an estate plan. However, this estate planning is not only for an individual, but for his or her family as well. It can give family members...

Many New Jersey residents are aware that avoiding estate and inheritance taxes is one of the reasons that people create an estate plan. However, there are other — and some would say more important — considerations in estate planning. What an individual believes his...

Many New Jersey residents have retirement plans, annuities and life insurance policies. These accounts do not pass through probate but instead go directly to beneficiaries through forms filed with the company for each account. How these forms are filled out can have an impact...

The majority of New Jersey residents are aware that a will establishes how and to whom a person’s estate will be distributed after death. A will guides estate administration. Not having a will complicates matters and puts the distribution of assets squarely in the...

Many New Jersey residents know that their family members may end up arguing about their inheritance. Even if each inheritance is equal in value, those who are receiving them may not think so. One way to limit — or eliminate — those rivalries, is...

Many New Jersey residents, especially young people, tend to believe they do not need to plan for their death. However, no one knows how long he or she has on this Earth. Further, an estate plan is not just about death, it is about...

As New Jersey residents age, their memories and decision-making processes may decline. Without advanced estate planning, it is possible that the hard work an elderly individual did in order to enjoy his or her retirement could go to waste. An incapacitating illness can sneak...

Every day in New Jersey and across the country, people are involved in serious accidents or contract serious illnesses. Some of those people are unable to make healthcare decisions for themselves during these times — at least temporarily. This is when family members can...

After a loved one dies, the family must deal with wrapping of his or her affairs. Hopefully, a deceased family member in New Jersey took the time to put his or her wishes into a will. The probate of a will is not without...

Ordinarily, when a New Jersey resident has an estate plan, the probate process will go smoothly and is more a matter of routine. However, there is no guarantee that an estate plan will prevent a will contest. Several factors could come into play after...

Most New Jersey residents want to provide for their loved ones when they pass away. However, many people make certain assumptions when it comes to estate planning that can ultimately deny a family the inheritance an individual intended to leave behind. Two of these...

For some New Jersey residents, choosing the people to represent them in the case of incapacity or death is more difficult that making other estate planning decisions. These people could literally be making life and death decisions on an individual’s behalf. When creating an...

Back on Feb. 26, we wrote about Philip Seymour Hoffman’s estate (“Where did Philip Seymour Hoffman’s estate planning go wrong?”). More details recently came to light regarding why he may have set up his estate the way he did. Reportedly, he was adamant about...

There are many reasons for transferring assets during life. No matter what your reason may be for wanting to transfer your assets, it is my job to consider the relevant factors and possible implications of such transfers. Below are some examples of common transfers...

New Jersey’s recognition of same-sex marriage has resulted in significant changes to the rights of same-sex couples. Married same-sex couples now have the same rights as all married couples. As a result, there are changes with retirement benefits and Individual Retirement Accounts (“IRA”) and...

To marry, or not to marry? While the obvious answer can usually be found in one’s heart, many couples also look to the pros and cons of marriage- in terms of things like healthcare benefits, retirement benefits and tax implications. Until recently, however, many...

For numerous New Jersey residents, estate planning does not end with wills and trusts. Most retirement accounts — including IRAs — life insurance policies and annuities are not governed by those documents. They require the account owner to fill out a beneficiary designation, but...

Virtually every parent in New Jersey wants to see his or her children grow up, and most will get that chance. However, there are no guarantees in life, and estate planning becomes crucial for parents who have minor children. Without any plan in place,...

The simple fact is that many New Jersey couples will never have to worry about federal estate taxes. This is because the federal estate tax exemption is $5.34 million per person, and a marital exemption from estate tax exists. For this reason, many couples’...

Many New Jersey residents consult someone knowledgeable in estate planning to draft even a basic estate plan consisting of a will, powers of attorney for health and finances and trusts. However, fewer people consult anyone when they fill out beneficiary designations for accounts such...

New Jersey readers may be aware that Casey Kasem — the voice of “Casey’s Top 40,” “American Top 40” and Shaggy of “Scooby Doo” — was recently lying in a hospital bed at the center of a controversy regarding how and when he would...

Estate planning memorializes the wishes of a New Jersey resident with respect to two primary circumstances — death and incapacitation. When it comes to preparing an estate plan for the distribution of assets after death, a will typically serves as the cornerstone of that...

Scientific advances in the area of conception have allowed numerous couples here in New Jersey and around the country to have a child when they could not conceive one naturally. Technology also allows men and women to freeze either their sperm or eggs for...

It may not take New Jersey residents much imagination to believe that Walt Disney left behind a sizable estate. The children of Disney’s deceased daughter were left an inheritance. However, one of Disney’s grandchildren has yet to receive any of the money set aside...

Many New Jersey parents are put in an impossible situation when it comes to leaving an inheritance to more than one child. Even if the estate is divided equally, conflicts could result. In order to minimize these conflicts, it may help to begin the...

Many people in New Jersey want to be sure their spouses and children are taken care of when they pass away or if they become incapacitated. Estate planning is the best, easiest way to ensure that happens. How simple or complex an estate plan...

New Jersey residents often hear that it is important to keep beneficiary designations up to date on retirement accounts such as an IRA. However, not as much attention is given to making that designation in a way that helps heirs get the most out...

Now that the federal tax exemption is over $5 million per individual, many people believe they no longer need an estate plan. However, limiting tax liability was never the main benefit for many people. Estate planning provides for loved ones the disposition of an...

Nearly everyone in New Jersey — and nationwide — has at least some sort of online account. This includes everything from email accounts to bank accounts, and everything in between. The fact that so many people conduct at least some of their personal or...

Everyone in New Jersey has heard at one time or another that they should have at least a will. Without an estate plan, the state will decide who inherits an individual’s assets after they die and even who will be given custody of any...

Many New Jersey residents want to incorporate charitable donations in their estate plans. The question may be how to do so without taking away from the inheritances of other heirs. Life insurance is one estate planning tool that may provide maximum benefit to a...

No one in New Jersey likes to contemplate death — especially his or her own. However, doing so is essential for many reasons, the least of which is to save family members a good deal of trouble when they are already mourning the loss...

Saving on taxes is one of the reasons that many New Jersey residents seek out an estate plan. Through careful and well thought out estate planning, it is possible to greatly reduce — or even eliminate — income taxes as well as estate and...

To young New Jersey parents with minor children, the possibility of death may seem so far away that it does not even bear consideration. However, anyone who picks up a newspaper, reads news online or watches television knows that people lose their lives in...

Estate planning is designed, in part, to prevent future generations from paying taxes on money they inherit. An ordinary trust protects the first generation of beneficiaries (children), but does not necessarily protect the second generation (grandchildren) from tax liability. One type of trust that...

Most New Jersey television and film fans heard about the recent death of actor Phillip Seymour Hoffman. Not only was his death a cautionary tale for the entertainment industry but also for the estate planning industry. The way Hoffman’s estate plan was done back...

Many in New Jersey know firsthand that losing a loved one is never easy. The grieving process is often interrupted by funeral and burial arrangements and the probate of that loved one’s estate. Things can get even more complicated when a probate dispute arises,...

Many New Jersey residents have term life insurance policies as part of their estate plan. An individual’s spouse, who is entitled to a portion of the estate plan, is not always the named beneficiary on these policies. For example, a child may have been...

New Jersey frozen pizza lovers may have heard of Jeno Paulucci, who founded Chun King Foods and was worth somewhere in the neighborhood of $150 million at the time of his death in Nov. 2011, at the age of 93. Up until weeks before...

The beginning of the year is a good time for New Jersey residents to evaluate their lives — including any preparations for their retirement, unexpected incapacity or death. For people who already have an estate plan, this is a good time to review it...

These days, many New Jersey residents have active online lives. Facebook pages, iTunes accounts and other online accounts require some estate planning in order to be dealt with accurately after a person’s death. Without some advance planning, surviving family members could encounter considerable issues...

Wills, trusts and powers of attorney are not the only things to consider when creating an estate plan. Some assets typically do not pass to New Jersey beneficiaries through a will. Life insurance policies, retirement accounts and IRA’s all require beneficiary designations — forms...

During the estate planning process, many decisions need to be made. One of the most critical decisions for many New Jersey residents will be the choice of an executor. The executor handles the administration of the decedent’s estate such as paying creditors, locating assets...

New Jersey readers may remember Farrah Fawcett from her days as one of “Charlie’s Angels,” which made her a television icon. After her death, her longtime, on again off again partner, Ryan O’Neal was in possession of one of two paintings of Fawcett done...

When it comes to estate planning, many New Jersey residents already know that wills and/or trusts are important documents for transferring assets upon death. However, there are many assets such as life insurance policies, investment accounts and retirement accounts that do not pass through...

Many New Jersey families have businesses they eventually hope to pass on to their children. However, without adequate estate planning, the wishes of the current owner may not be carried out. As a result, the interests of the business could be left unprotected. This...

Many people in New Jersey have a friend or family member that simply cannot be trusted with a dollar, let alone an inheritance. Sometimes, it is necessary to protect heirs from themselves, while protecting the assets from the heirs. This delicate balance can be...

Many in New Jersey tend to be overwhelmed before they even begin the estate planning process. For this reason, the idea of sitting down to create an estate plan may seem slightly less terrifying than going to the dentist. In reality, the process can...

Many New Jersey residents either don’t have an estate plan or the one they have is outdated. People tend to believe that there is no rush to create or update an estate plan. Hopefully that is the case, but unfortunately, one of the unknowns...

New Jersey art lovers may remember that sculptor Alexander Calder and his long-time friend and dealer, Klaus G.Perls are both deceased. Calder died in 1976 and Perls died in 2008. The heirs of Calder’s estate have filed a lawsuit against Perls’ estate, alleging that...

The majority of New Jersey families may not think they could benefit from having a trust. However, a trust can be an invaluable estate planning tool for any family. Trusts come in all shapes and sizes depending on the needs of the party executing...

For many people in New Jersey, choosing the executor of their estate is as easy as turning to their spouses. Since most surviving spouses are significantly affected by the outcome of the probate process, and are often the person trusted the most by their...

As technology advances, more and more of people’s lives are conducted online. Some banks no longer have physical locations, and nearly everyone around the country and in New Jersey has some sort of social media account. There is an increasing movement to make sure...

There is more to an estate plan than just a will. Depending on the complexity involved in the estate planning process, there can be numerous documents to execute. Generally, however, most estate plans share five documents. Of course, no estate plan would be complete...

There is nearly $300 million at stake, an incredible fortune by any standards. Put in the simplest of terms, the probate dispute filed by family members of the deceased is aiming to determine whether the old adage that “blood is thicker than water” is...

Designating a beneficiary on a retirement account or insurance policy is not something that can be changed by any other estate planning document. Those beneficiaries will receive the proceeds from the account or policy regardless of what a person’s will may say. People in...

There are many ways to prepare for the future. One of the best methods is to have a will professionally drafted. A will may just look like a piece of paper, but in the right hands, it can change the lives of loved ones...

Most anyone in New Jersey that has drafted and executed an estate plan has done so with the hopes of making things easier on their loved ones after they pass away. However, depending on how long ago the estate planning was done, it may...

The simple answer to the question of whether contingent beneficiaries are necessary is yes. When drafting estate planning documents such as wills, trusts and powers of attorney, it is easy for New Jersey residents to forget that there is a possibility that primary beneficiaries...

There are times when parents make the often painful decision not to leave anything to a child in their wills. Regardless of what the reason for the decision is, it is solely up to the person making out the will. It is possible to...

New Jersey fans of the television show “The Sopranos” may have already heard that James Gandolfini passed away recently. Now that his family has to settle his estate, it has come to light that Gandolfini’s estate plan may not have been well thought out....

Most people in New Jersey are aware that they should have an estate plan. What many people aren’t sure of is what they want that estate plan to accomplish. It’s not just about how much or what assets a person wants to leave to...

A New Jersey couple purchased some IRA’s back in the 1980’s at a local bank. Then, around close to 22 years later, the husband, whose wife has since passed away, has been attempting to cash them. What happened next is the nightmare of every...

There are a lot of decisions to make when setting up an estate plan. Taking care of loved ones and deciding what assets will to go which beneficiaries can be overwhelming at times. But what about a person’s pet? Many states, including New Jersey,...

After a loved one has died, it can be difficult to know what to do next. Many people in New Jersey may have heard of the notion of “estate administration,” but may have little to no idea what it entails or how to start....

New Jersey residents would most likely agree that the last thing most people want to think about when they have lost a loved one is paperwork. Unfortunately, at some point, it will be necessary for the family to deal with their loved one’s estate....

Many people think that just because their estate is small and won’t be subject to estate tax that they don’t need an estate plan. That simply isn’t the case. Every New Jersey resident can benefit from doing some estate planning. If nothing else, everyone...

Many people in New Jersey have a will and other estate planning documents drafted and executed that they believe will provide for the disposition of their property after death. These documents may have provided for the big things, but it’s typically the small things...

It doesn’t matter what a person does for a living — lawyer, farmer, architect or mechanic — everyone can benefit from having an estate plan. The problem is that there are certain estate planning mistakes that people in New Jersey commonly make that could...

Back in 1959, a 13-year-old boy’s brother threw a snowball at a tree and missed. It may surprise some in New Jersey to know that chance encounter over a snowball led to a lifetime friendship between that young boy and the friend of the...

There may be people in New Jersey that believe wills, trusts and powers of attorney are only for older couples that are established and around retirement age. In truth, everyone could benefit from estate planning. Anyone that has children, is married, owns property or...

Many adult children in New Jersey may realize that if their parents die owning a home, it is possible there will be a mortgage on that home. How the home and mortgage are dealt with after death should be a topic of discussion when...

Most everyone in New Jersey has all kinds of digital accounts. When people are doing their estate planning, some tend to forget that they need to provide for what will happen to that digital life. This can range from online bank accounts to a...

According to IRS statistics, over $9 billion has been given away–tax free. Gifting is an estate planning tool that most everyone in New Jersey may be interested to know about. Many people could be saving thousands of dollars in taxes each year by taking...

The outcome of ongoing Supreme Court hearings could have significant impact on the estate planning needs of gay couples in New Jersey and across the nation. At the center of the issues before the court are concerns that gay couples who are legally married...

One aspect of estate planning that some New Jersey residents struggle with is the decision of who to name as personal representatives to oversee their wills. This can be especially difficult for those who do not have family members close to them and wonder...

People in New Jersey and across the nation have likely heard much on the news recently about the new federal tax laws passed by Congress in January. The American Taxpayer Relief Act (ATRA) is considered to be good news for those who are in...

New Jersey readers may have heard of a recent court case in a neighboring state that got national attention. A probate dispute between a widow and the current family of her former adoptive daughter ended in the daughter’s favor. The teenage girl, who was...

When people draft an estate plan, they are typically thinking about how to provide for spouses, children and grandchildren after their passing. However, it is possible to go a step further and include provisions in estate planning that can benefit many generations for years...

As many New Jersey residents are aware, Congress recently passed the American Tax Relief Act of 2012 (ATRA), which permanently enforces estate tax rules. This means that many individuals with estates worth over $5.25 million, particularly if they run a family business, may want...

There are stories in the news and shows on television that feature people who buy something at an estate sale or thrift shop for a few dollars, only to discover that the item is worth a large sum of money. Situations like this often...

When New Jersey business owners plan their estates, they may wish to leave both their business and non-business assets to all of their children. However, this can present a challenge if not all of the children are involved in the business. It may be...

It is a commonly held belief that property that passes outside of probate, such as savings bonds, is not subject to federal or New Jersey estate taxes. However, whether these assets are taxed or not depends on the value of the decedent’s net estate...

With nearly half of all marriages ending in divorce, there are many blended families throughout New Jersey and elsewhere. Parents who are raising children from more than one marriage may be concerned about how to draft an estate plan that includes everyone. While it...

It used to be a common practice for parents to leave an inheritance for their children, and many parents in the past took great care to do so. However, a recent study shows that inheritance practices in New Jersey and elsewhere are changing. As...

When drafting an estate plan, many adults consider the best way to leave their assets to their children. However, a number of older adults struggle with issues of estate planning when they have no children. Not only must childless adults in New Jersey and...

When it comes to planning one’s estate, the process can seem overwhelming. There are a multitude of issues to address, and it can be difficult to know which items take priority over others. One aspect of estate planning that is often overlooked by New...

When New Jersey residents decide that it is time to start estate planning, there are many things that they must consider which may be difficult. It is never easy to ponder one’s own mortality, but that is the heart of estate planning, and is...

When someone thinks of estate planning, it is often with the thought that it will only be needed after someone has lived a long life. However, with the recent devastation and loss of life brought to New Jersey from Hurricane Sandy, estate planning is...

Planning for retirement and creating an estate plan are two important things for older adults to take care of. Some people in New Jersey are uncomfortable talking to a third-party professional about their retirement and inheritance plans. However, most people have even more trouble...

When it comes to taking the time to sort through one’s financial circumstances and plan for the future, it always seems like the ideal time to sit down and begin is just on the horizon. However, notwithstanding the fact that sooner is always better...

Facebook, for instance, will not allow anyone access to a Facebook page unless they created it. They have specific guidelines for those who wish to create a memorial page for someone who has passed away. On the other hand, Apple acknowledges that the company...

Even with the best of intentions, New Jersey residents can sometimes make estate planning mistakes that may later hurt their families. Celebrities also make these same kinds of mistakes, but with much more dire consequences because of the amount of wealth that they hold...

Many individuals fail to engage in estate planning so those who do should be commended. But the process should not end when those documents are signed. Regardless of whether New Jersey law applies or that of another state, events may occur in a family...

As the economy continues to create financial struggles among families, the pressure on New Jersey grandparents to help not just their children but also their grandchildren continues to grow. However, the ways that grandparents choose to help can make a huge difference in their...

There are many estate planning tools that can be used by those in New Jersey that can address the needs of multiple situations. One prime example is the power of attorney. Many people use a power of attorney in estate planning because it can...

When planning your estate, where you own property can be a big issue if you happen to have assets located in more than one state. This is frequently an issue when someone owns a residence in one place, such as New Jersey, and another...

There are a lot of things in life that need planning. Although many New Jersey parents choose to delay thinking about how their estate will be administered when they die, ensuring that the proper estate planning documents are in place can be crucial. This...

The law surrounding estates is ever changing. With the less volatile estate taxes that have been around since the start of 2000, many individuals have not been worried about how these taxes will affect their distributions to their beneficiaries upon their death. However, new...

Deciding who should take care of your children when you die can be difficult. There are so many factors to consider, and then the people you choose have to agree. But once the decision is made, immortalizing those wishes in a will as part...

Most New Jersey residents don’t like to think about making out their will. Some may feel like it is tempting fate to sit down and decide what should happen to your assets and your family after death. The truth, though, is that it may...

Several Bush era tax cuts are set to expire on Dec. 31, 2012. As Congress argues and debates about whether to extend the tax cuts or let them expire, New Jersey residents are left to figure out how to best protect their assets. Estate...

An individual’s estate is comprised of everything that they own. Many New Jersey residents fail to realize that in addition to tangible possessions and investments, their estate planning should also includes digital assets such as online banking accounts, passwords, e-mails, etc. While one may...

Many people are interested in making sure that they develop a plan for what happens to their assets after they die. However, estate planning in New Jersey and elsewhere also needs to take retirement funds into consideration. Recently, financial planners were asked what their...

If an individual dies unexpectedly, what happens to their unpaid credit card debt? As with most debts, credit card companies will usually attempt to get compensation from the cardholder’s estate. New Jersey residents, as in other states, with an estate plan may benefit from...

Recent and upcoming legislation will make changes to estate taxes. The proposed changes will impact taxes connected with individual estates. However, those changes don’t alter the fact that there are millions of people who die each year without having the basic documents in place...

Those who are acting as executors of an estate will likely benefit from understanding what to do as part of their responsibilities. Estate administration in New Jersey and elsewhere entails a multitude of duties and responsibilities, which when accomplished correctly, may help maximize assets...

Many people don’t realize the need for financial planning as they get older. Believe it or not, those who are not actively involved in estate planning may be putting their family at risk. One of the problems that financial planners in New Jersey and...

A recent study found that about 19 percent of baby boomers feel that they owe their children an inheritance. Of individuals age 72 and older 14 percent feel they must leave an inheritance to their children. While it may be that baby boomers are...

Our nation is seeing one of its largest and most renowned age groups entering into senior citizen status — the baby boomers. It is this groups’ entry into their golden years that has driven many states to enact legislative changes to protect them and...

Inheritance issues are not always cut and dried. In recent news, one woman who was slated to inherit a large amount of money recently tried to improve her claim by adopting her former husband. The woman is one of several heirs to the Gore-Tex...

After the passing of a loved one in New Jersey or elsewhere, the heirs to the estate of the deceased may sometimes find themselves caught up in litigation. In some cases, this may be because the deceased did not undertake proper estate planning. However,...

Estate planning can differ wildly according to each person’s unique needs and desires. For example, New Jersey farmers may run into special problems when attempting to leave the family farm behind. In fact, any kind of inheritance can have special considerations, but many of...

Many residents of New Jersey and nationwide may, at one time or another, have to look at estate planning for their parents and themselves. Many financial planners believe that some individuals who are otherwise in good shape financially either lack judgment or use poor...

Many Camden County, New Jersey residents know what goes into planning for worst-case scenarios. For example, when a man or woman is incapacitated and cannot voice their wishes for medical treatment, they need to appoint someone to make those decisions on their behalf. This...

Most people have probably not opted to have a conversation with an attorney to discuss the intricacies of estate planning. Let’s face it; having a discussion about death isn’t one that most people look forward to having. That said, most people in New Jersey...

When New Jersey consumers work with an attorney to plan an estate, they must think about the future as well as any unforeseen events. It can sometimes feel like a “what-if” strategic game. That said, it is important to plan for the unknown and...

It’s not a new statistic that over half of all marriages end in divorce. What’s more is that of those divorced individuals, 75 percent of them will opt to walk down the aisle again, bringing with them the fruits of their first marriage —...

People might think that only senior citizens are in need of estate planning to handle their assets upon their deaths. This is a common misconception for many Ocean City residents. Parents of young children are a perfect example of those who would benefit from...

Many Camden County couples preparing their estate plans utilize the assistance of a financial advisor to prepare important documents. However, it is important for individuals and couples to not only provide accurate information to their financial planner, but to also carefully review the information...

If you have begun the process of planning your estate, you probably know that we are currently in one of the most favorable estate and gifting environments since the creation of the Internal Revenue Code. This means that, until the end of 2012 (pending...