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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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How Can You Legally Transfer a Firearm to a Beneficiary in New Jersey

Posted by on Jun 21, 2017 in NJ Estate Administration | Comments Off on How Can You Legally Transfer a Firearm to a Beneficiary in New Jersey

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Estate Probate Attorney New Jersey is essentially an anti-second amendment state. It has laws and regulations that significantly restrict the purchase, ownership and transfer of firearms. This blog will address a fiduciary’s duties (Executor, Administrator, Power of Attorney, etc) with respect to firearms. In New Jersey, the licensing, possession, and transportation of firearms is regulated by statute N.J.S.A. 2C:58-1, et seq., and administrative rules, N.J.A.C....

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New Jersey Gets Aggressive with Estate Recovery (Part 4)

Posted by on May 15, 2017 in NJ Estate Administration | Comments Off on New Jersey Gets Aggressive with Estate Recovery (Part 4)

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Estate Recovery Defense Attorney In Part 1 of this series I introduced you to an appeal case involving a priority lien for reimbursement of Medicaid benefits. Part 2 discussed the case in greater detail, while Part 3 gave you a better understanding of the N.J. regulations. In this final post of the series I would like to tie it all together for your understanding. In this case the decedent had received a total of $166,981.25 in Medicaid benefits until his death. The...

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New Jersey Gets Aggressive with Estate Recovery (Part 3)

Posted by on May 15, 2017 in NJ Estate Administration | Comments Off on New Jersey Gets Aggressive with Estate Recovery (Part 3)

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Estate Administration Defense Attorney In Part 2 of this series I discussed a case involving the filing of a priority lien for reimbursement of Medicaid benefits paid to a beneficiary prior to death. In this post I will continue the discussion by examining the N.J. regulations a bit deeper. N.J. has adopted regulations to comply with the federal estate recovery requirements. N.J.A.C. 10:49-14.1(d) authorizes DMAHS to “file any claim or lien against an estate within...

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New Jersey Gets Aggressive with Estate Recovery (Part 2)

Posted by on May 15, 2017 in NJ Estate Administration | Comments Off on New Jersey Gets Aggressive with Estate Recovery (Part 2)

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Estate Recovery Defense Attorney In Part 1 of this series I introduced you to a recent Appeal involving a priority lien for reimbursement of Medicaid benefits. In this post I would like to discuss more details of this case. When determining eligibility for Medicaid, the state considers all income and resources owned by the individual and resources which the individual is legally entitled to receive but does not receive because of action or inaction taken by the...

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New Jersey Gets Aggressive with Estate Recovery (Part 1 of a 4 Part Series)

Posted by on May 15, 2017 in NJ Estate Administration | Comments Off on New Jersey Gets Aggressive with Estate Recovery (Part 1 of a 4 Part Series)

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Estate Recovery Defense Attorney Estate recovery is a big deal to the State of New Jersey. It desperately looks for ways to raise revenues. A recent Appeal was filed with the NJ Superior Court involving a priority lien that the Division of Medical Assistance and Health Services (DMAHS) recorded against the Estate of a deceased person pursuant to N.J.S.A. 30:4D-7.2 for reimbursement of $166,981.25 in Medicaid benefits a decedent received until the date of his death,...

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Does an Executor Have to Send a Copy of the Will to Beneficiaries

Posted by on May 3, 2017 in NJ Estate Administration | Comments Off on Does an Executor Have to Send a Copy of the Will to Beneficiaries

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Estate Probate Litigation Attorney The short answer is “yes” and “no”. Sorry about the answer, but here’s why. There is nothing in the estate laws that require an executor to send a copy of the will to beneficiaries when the will won’t be probated.  There are some older cases stating if there is a will that the executor knows of, the executor has a duty to probate the will, but those cases involved valuable assets in the estate. Ellicott v. Chamberlin, Mackin v....

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Does A Trustee Have to Send Notice of Trust Administration to Trust Beneficiaries

Posted by on May 1, 2017 in NJ Estate Administration | Comments Off on Does A Trustee Have to Send Notice of Trust Administration to Trust Beneficiaries

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Trust Attorney The short answer is no. Notice is not required. The only times notice is required is when a trustee is resigning, the administration of the trust is being transferred to another jurisdiction, the trustee delegates duties, or the trust will be terminated of when there is less than $100,000 in assets and the costs of administration outweigh the value in the trust. If the trust is revocable at the time of settlor’s death, and a notice and copy of the trust...

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The Omitted IRA Beneficiary; What Can Be Done?

Posted by on Apr 28, 2017 in NJ Estate Administration | Comments Off on The Omitted IRA Beneficiary; What Can Be Done?

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Estate Administration Attorney Recently new clients come to me with a dilemma regarding their mother’s IRA.  Both are sisters, yet the mother only named one of them as beneficiary to her IRA.  The mother died with no other assets, yet it is clear the mother intended to have both daughters share everything equally through her will.  The daughter who received the IRA wanted to split it with her sister, and have her set up her own IRA in a tax beneficial way but neither...

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What Happens if A Spouse Dies During A Divorce: Is the Case Over?

Posted by on Apr 26, 2017 in NJ Estate Administration | Comments Off on What Happens if A Spouse Dies During A Divorce: Is the Case Over?

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Probate Estate Litigation Attorney The case of Carr v. Carr, decided by the New Jersey Supreme Court in 1990, tackles a legal issue never considered by the legislature.  What happens when a divorce proceeding is pending, and one spouse dies?  Does the divorce end? Does the other spouse get to claim a property right and alimony right against the estate?  Is the other spouse out of luck and not entitled to anything? In this case the husband and wife were married for...

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