Wills

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 […]

Share

Read More →

Read More →

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 […]

Share

Read More →

Read More →

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 […]

Share

Read More →

Read More →

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 […]

Share

Read More →

Read More →

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 […]

Share

Read More →

Read More →

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 […]

Share

Read More →

Read More →

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 […]

Share

Read More →

Read More →

Benefits of Marriage

Benefits of Marriage

Millions of Reasons to Say “I Do” Lillian Garis Booth and Michael Dabich, residents of Bergen County, were companions for 51 years.  They met in New York when Booth was 42 and Dabich was 27.  According to Dabich, they held themselves out as husband and wife before his family and society in general in his […]

Share

Read More →

Read More →

How About the “Will App” for iPhone?

How About the “Will App” for iPhone?

On September 2, 2011, Karter Wu, a resident of Queensland, Australia, committed suicide.   Just before he took his life, he created a series of documents on his iPhone.  Most of these were final farewells.  However, among them was his expression of his Last Will. The document began with the words, “This is the Last Will […]

Share

Read More →

Read More →

Protecting Your Assets and Preserving Your Wishes

Protecting Your Assets and Preserving Your Wishes

Mike and Carol are a couple who both have children from a prior marriage.  Mike has three sons – Greg, Peter and Bobby.  Carol has three daughters – Marcia, Jan and Cindy.  After several years of marriage, they decide to execute Wills.  Wanting to keep it “simple,” Mike leaves everything to Carol, with the understanding […]

Share

Read More →

Read More →

Top