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Obstructionist Do Nothing Co-Executors and What to Do When an Estate Asset is Threatened

Posted by on Oct 18, 2017 in NJ Estate Administration | Comments Off on Obstructionist Do Nothing Co-Executors and What to Do When an Estate Asset is Threatened

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Estate Probate Administration Attorney I have found over the years that a strong majority of all executors are thorough, conscientious and honest. In addition they are diligent to their responsibilities and want to do the right thing for the benefit of the Estate. And then you have certain co-executors! Co-executors often create problems. That’s why I discourage their nomination. The following is a case in point. Dad owned a house but died leaving a Will that divides...

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Getting Decedents Passwords from Apple and Other Internet Providers

Posted by on Oct 16, 2017 in NJ Estate Administration | Comments Off on Getting Decedents Passwords from Apple and Other Internet Providers

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Estate & Probate Administration Attorney I read about this problem an Executrix was experiencing when finalizing the Estate. Here, the husband died unexpectedly. The Wife asked Apple for his passwords and they required a court order. Another welcome to the world of digital assets and the 21st Century. Some, if not most, service providers have explicit policies on what will happen when the individual dies, others do not. Even where these policies are included in...

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Brother Fails to Report All Probate Assets

Posted by on Oct 4, 2017 in NJ Estate Administration | Comments Off on Brother Fails to Report All Probate Assets

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Estate Probate Administration Attorney Often times a parent’s estate works its way through the N.J. probate court with a family member serving as the personal representative (i.e. executor, trustee, etc.) of the Estate. Often there are several children named as beneficiaries. Each knows for a fact that their parent left a lot of cash ($$$) in the house but the personal representative does not repot it as part of the estate on the estate tax return. He or she says that...

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New Jersey Adopts Legal Access to Digital Accounts; Now a Fiduciary Can Legally Compel Facebook etc to Open Up

Posted by on Sep 15, 2017 in NJ Estate Administration | Comments Off on New Jersey Adopts Legal Access to Digital Accounts; Now a Fiduciary Can Legally Compel Facebook etc to Open Up

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Estate Administration Attorney What happens to your digital assets after you’re gone? What if you wanted to control who had access to those assets? New legislation passed on Wednesday allows for control of a decedent’s digital assets to be given to their fiduciaries. You can read more information on it in this article from the New Jersey Law Journal (CLICK HERE). Gov. Chris Christie on Wednesday signed legislation recognizing a fiduciary heir’s right to obtain...

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Unpaid Child Support and Estate Administration

Posted by on Aug 21, 2017 in NJ Estate Administration | Comments Off on Unpaid Child Support and Estate Administration

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Estate & Probate Administration Attorney You’re the estate executor or administrator. A beneficiary is the father of a child(ren) who owes child support, and is the sole beneficiary of a home and cash left to him in the estate. He wants the home placed in his name, but has a significant child support judgment. What happens if the cash is not sufficient to satisfy the arrears, must the administrator/executor sell the home to pay the arrears? Or can she transfer it...

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Now Here’s a Big Problem; Dad’s Deed Gives One Half of House to Son, Will Gives Entire House to Daughter

Posted by on Aug 16, 2017 in NJ Estate Administration | Comments Off on Now Here’s a Big Problem; Dad’s Deed Gives One Half of House to Son, Will Gives Entire House to Daughter

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Estate Probate Litigation Attorney Recently a client’s dad died. The family found the deed to the house. The deed lists dad and his son (client’s brother) as tenants in common. But the father’s will says the daughter gets the house. The brother was living with the father and is still living there. The sister wants him to leave. She’s dad’s personal representative (Executrix under Dad’s Last Will and Testament). What happens now? Because the brother is listed on the...

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The Case of a Deceased Mother’s Will That Was Never Signed

Posted by on Aug 4, 2017 in NJ Estate Administration | Comments Off on The Case of a Deceased Mother’s Will That Was Never Signed

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Estate Probate Litigation Attorney Mom always said she was leaving everything to a client’s brother and daughter equally when they came in to see me. Mom was a widow and died just after Christmas. When her will was found the kids were named as beneficiaries, but mom never signed it! What do they do now? Her main assets are a brokerage account of about $130,000 of which both children are named as death beneficiaries, and a second brokerage account of $110,000 that...

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Who Gets to Control my Dead Body? Part 2

Posted by on Jul 5, 2017 in NJ Estate Administration | Comments Off on Who Gets to Control my Dead Body? Part 2

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Estate and Probate Attorney In Part 1 of this series I introduced you to a court case involving who has decision making powers over funeral arrangements and payment obligations among family members. In Part 2 I will be discussing the appeal of this case. The interment statute of New Jersey, creates a hierarchy as among survivors for purposes of determining which of them is authorized to control the disposition of a loved one’s remains. At the same time, however, the...

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Who Gets to Control my Dead Body? Part 1

Posted by on Jul 5, 2017 in NJ Estate Administration | Comments Off on Who Gets to Control my Dead Body? Part 1

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Estate and Probate Attorney Here is another recent court case involving priority of decision making for funeral arrangements and the payment obligations for that funeral among family members and the estate executor when a conflict on reimbursement costs comes up. N.J.S.A. 45:27-22(a) provides that if a testator (creator of the will) appoints a person “to control the funeral and disposition of human remains, the funeral and disposition shall be in accordance with the...

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Can A New Jersey Resident Serve as the Personal Representative of a Florida Resident’s Estate or Trust?

Posted by on Jun 23, 2017 in NJ Estate Administration | Comments Off on Can A New Jersey Resident Serve as the Personal Representative of a Florida Resident’s Estate or Trust?

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Estate & Probate Administration Attorney Many of our parents (and some of my loyal readers) are thinking about retirement and moving to the Sunshine State.  Their house(s) here will be sold, and they will move all of their assets and real estate to their new state of domicile.  For family members left behind in New Jersey, the question becomes whether the family member, as a citizen of New Jersey, can be appointed as executor or administrator of their loved one’s...

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