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How Do You Handle The Estate Administration When the Surviving Spouse is Not A U.S. Citizen

Posted by on Nov 8, 2017 in NJ Estate Administration | Comments Off on How Do You Handle The Estate Administration When the Surviving Spouse is Not A U.S. Citizen

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Probate Estate Administration Attorney Recently a husband died testate (meaning he had signed a Last Will) leaving his non-citizen spouse and minor child born in NJ as beneficiaries. His Will left everything to his surviving spouse. His estate was small the main asset being a house (owned only be decedent) worth approx. $225k. The goal was to disclaim wife’s interest in the house so it would go into trust for his minor child. The question asked had to do with the tax...

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What Can You Do When The Estate Representative Doesn’t Do His/Her Job? How To Remove an Executor

Posted by on Nov 3, 2017 in NJ Estate Administration | Comments Off on What Can You Do When The Estate Representative Doesn’t Do His/Her Job? How To Remove an Executor

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Estate Probate Litigation Attorney To remove an individual or corporate agent from the position of executor, you will need to file a verified complaint and an order to show cause in Superior Court alleging that the estate representative is “abusing the trust and confidence required by law of a fiduciary” by failing to finalize the affairs of the estate. NJ.S.A. §3B:14-21. In the relief sought, you can request removal of the executor and substitute your appointment as...

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Who Takes Creditor Priority To A Deceased Father’s Estate, A N.J. Medicaid Lien or Estate Expenses?

Posted by on Nov 1, 2017 in NJ Estate Administration | Comments Off on Who Takes Creditor Priority To A Deceased Father’s Estate, A N.J. Medicaid Lien or Estate Expenses?

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Probate Estate Administration & Medicaid Lien Attorney Here’s an interesting inquiry which I’d like to share with you. My response shows that with an advocate on your side you can appeal and defeat (or compromise) NJ Estate recovery and be rewarded for your efforts. A client’s father passed away last August without a will. The son took on the job as administrator of his estate. He followed all the proper channels, was bonded, obtained an Estate tax ID number,...

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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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