Category Archives: Trust and Estate Law

Handling Problems in Probate

Probate is the legal method by that the fiduciary (executor) of the estate ultimately settles all affairs of a deceased dearest. It is typically more sophisticated for the executor of an estate, who has a fiduciary obligation and who has been entrusted with the responsibility of overseeing an estate’s assets while facilitating the methodical process of probating the estate.

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3 Reasons You Need a Probate Attorney

The probate court process is how an estate handles the settlement of the distribution of property. The process can be hard to handle on your own. When you don’t have a probate attorney or expert, it can be completely impossible. The entire estate can get tied up in the courts. If you’re asking the question of when to get a probate attorney, the answer is as soon as your loved one passes. If you can, it’s best to have it all arranged prior to your loved one’s passing.

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What to Do If Unknowingly Removed as a Beneficiary

Learn What to Do If You Were Unknowingly Removed as a Beneficiary on Your Husband’s Will

When someone serves in the military, they are entitled to a life insurance policy. Within the policy, the member must designate a person to be the beneficiary of the policy when they die.  The beneficiary can be changed at any time if the military member decides that he or she wants to change it. 

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Estate Case Update From The NJ State Bar Association

Case update from the NJ State Bar Association: 
38-2-5185

In the Matter of the Estate of Mary Jane Lynch, N.J. Super. App. Div. (Suter, J.A.D.) (19 pp.)

Decedent executed a will and declaration of trust wherein her personal property was to be equally distributed to her two children, appellant-daughter and appellee-son. The residuary estate was left to the family trust and the assets there were divided equally between the siblings. Continue reading

How Long Does Probate Take?

What is Probate?

The term ‘probate’ means ‘proof.’ The term probate in the legal system is proof that the will is ironclad in a court of law. A separate court, called probate court, examines the will to determine how ironclad it is. Strong wills divide assets based on what the deceased wanted. Wills with loopholes, no wills, or wills that excludes assets will follow the rules based on state probate laws. Continue reading

Estate Planning for Blended Families and Common Mistakes

Meeting the person you’d like to spend the rest of your life with in a second marriage is a joyous occasion. Often, one or each person has children from a previous marriage or relationship. In a blended family, the responsibility to take care of the children falls on both parents and the new spouse in many cases. When you have an estate to settle between the both of you and your blended children, California families need to plan for the future. Continue reading

Do you need mediation for estate planning?

Estate planning involves a transfer of wealth in families between generations. This is often a contentious and complicated process because no one relishes speaking of their own death, and how to disseminate their personal property among loved ones. This leads parents to make these decisions without involving their children or heirs so as not to burden them with such a morose topic, but this causes confusion, disputes and litigation against other family members and even personal attorneys. Continue reading

What is Probate Law?

Probate is a legal process following the death of an individual. You will encounter this if the owner of the property you are listed as beneficiary dies.

Steps followed during the process include:

  • Proving the will of the deceased person is valid in court.
  • Identification and appraisal of the deceased’s property.
  • Payment of taxes or debts owed. Continue reading

2 Tips to Discuss Estate Planning with Your Parents

Some people are not comfortable discussing death and illness with their aging parents. In truth, all of us will get older and have to rely on others for various forms of support. While the aging process can be difficult you can lessen the strain by planning ahead of time. It is important to sit down with your parents and discuss their future with them. Continue reading

What Types of Cases Can Be Contested in Probate?

Many people think of a probate litigation case, as a case that occurs after a person is deceased. That is only partially true as these cases can certainly involve cases involving wills, trusts, estates, asset disputes, joint bank accounts, gifts. There are many cases, however, that occur while a person is still living. Continue reading

What Does A Will Do?

When someone dies, they will want to leave their belongings and their monetary assets to someone they care about. Most people write out a will in case something happens to them. This will allow them to leave what they have to someone that they wish to. Continue reading