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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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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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