Wills

When to Re-Visit Your Estate Planning

You have spent days, and maybe even weeks, working with your attorney on your Estate Planning. You finally feel that you have addressed all of your concerns and are comfortable with who your belongings are going to after you pass away. Now, you can sit back and relax and never worry about your estate planning […]

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Think you do not have anything to leave behind? Think Again! (Part 4 of 4) – Living Will and Advance Directive

You have now prepared your Last Will and Testament and have named your Attorney-In-Fact in your Power of Attorney, but what about your health? Who will take care of you and your medical needs if you become incapacitated? That is precisely what a Living Will and Advance Directive will provide. A Living Will and Advance […]

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Think you do not have anything to leave behind? Think Again! (Part 2 of 4) – Wills

Now that you have considered all of the various possibilities that you may amass a sizeable estate when you pass away, you then must consider to whom you would like the assets to pass to and, just as important, who will administer your estate. First, the decision of who will inherit from your estate. A […]

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The Ever Expanding Definition of What Constitutes A Will

One of the most important legal documents an individual can ever execute is his or her Will. Until recent years, it was a formal writing prepared by a lawyer to insure that one’s assets were passed to his or her heirs. Yet over the past few decades, alternative planning methods have arisen. Moreover, New Jersey […]

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Get Rid of That Old Will!

In 1994, Helen M. Weste executed a Last Will. She was single and had no children. The Will made three charitable bequests, left her personal property to a niece, and left the remainder of her estate to be divided in differing percentages among a sister along with eight nieces and nephews. In 2002, Helen executed […]

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Probate Court Denies Enforcement of Child Support Obligation

A never ending issue facing the court system is the establishment and enforcement of an individual’s obligation to support his or her minor children.  A question which should be diligently explored in this area is the enforcement of that obligation if a parent dies prior to fulfilling all of his or her obligations.  A recent […]

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Let’s Go Crazy – Estate Planning a la Prince

In 1984, Prince released what was arguably his penultimate album – the soundtrack to his semiautobiographical film, Purple Rain.  This classic filled compilation was ignited by its initial track, “Let’s Go Crazy”.  A phenomenal song with a phenomenal title.  Yet it appears it is regrettably the theme for his estate plan – or apparently lack […]

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A Will’s A Will But A Deal’s A Deal

Jean M. O’Mealia died on April 21, 2014. She was predeceased by her husband, William Francis Xavier O’Mealia (“Francis”), who died on July 13, 2001. The couple had been married for thirty (30) years. It was the second marriage for both. They had no children together. Each had children from a prior marriage. Upon her […]

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Banks Gone Wild – Beware Where You Store Your Will and Other Estate Planning Documents

Any adult should have three core estate planning documents: (a) a will, (b) an advance directive (commonly known as a living will and/or health care power of attorney) and (c) a general durable power of attorney.  To the extent, personal and financial factors warrant it, one or more trusts may be advisable.  After they are […]

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How Much Does it Pay to Be Executor?

A commonly asked question in both estate planning and estate administration is “How much does the executor get paid?”  In order to evaluate that question, three issues need to be addressed: (1) the statutory allowance for compensation, (2) the options in drafting compensation clauses in a Will, and (3) the effect of case law of […]

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