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Category Archives: Wills
Digital Fiduciary Act: What You Need to Know About NJ’s New Law
Gov. Chris Christie recently signed legislation granting fiduciary heirs the right to access a decedent’s digital assets. Officially named the Uniform Fiduciary Access to Digital Assets Act (UFADAA), the newly enacted bill passed both houses with no opposition. Continue reading
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Could Wills One Day Go Paperless?
Technology is changing every aspect of our lives, and the writing of a will seems to be following suit. A recent article in the New Jersey Law Journal chronicles the evolution of will requirements in recent years, uncovering a steady shift toward the acceptance of digital writings and signatures. Continue reading
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More on Undue Influence & The Doctrine of Probable Intent
On March 5, 2013, the Law Division issued its decision in the Matter of the Estate of Edith Weiner. Continue reading
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Do you need a Will? Yes!
According to Forbes.com, 65% of Americans do not have a Will. We have heard many varying reasons why an individual might forgo the estate planning process. These reasons include: expense; they don’t have assets to protect; they simply trust a particular person ‘to take care of it’; and, in some instances, they have a sincere belief that they will die after making a Will. Despite these misconceptions, making a Will is a very important task that EVERYONE – no matter your age – should do. Also, doing so is not overly complicated or expensive, nor is there a proven correlation between making a Will and dying! There are many reasons to make a Will, but here are a few to consider: ENSURE that your property will go to the people you want, in the way you want, and when you want. MAKE the administration of your estate run smoothly. CHOOSE a person to administer your estate. REDUCE estate taxes. APPOINT a person to take your place as the guardian of your minor children. *An additional, special consideration is that in the past 5 years, the number of unmarried couples has jumped, says the National Marriage Project’s 2011 report. There are … Continue reading
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Appellate Division reversed trial court’s decision to invoke in terrorem clause and assess counsel fees
On February 1, 2013, in the Matter of the Estate of Lucille Sand, Docket No. A-4524-10T4, the New Jersey Appellate Division reversed the trial court’s decision as to the invocation of the in terrorem clause of the Decedent’s will and assessment of counsel fees. By way of background, the Decedent executed a Will on December 4, 2002and a codicil on February 2, 2005. The Decedent died on March 12, leaving four children. The Plaintiff brought suit naming her three siblings as Defendants, and also filed a caveat alleging undue influence, fraud, lack of testamentary capacity and forgery. Two siblings filed to have the Will admitted to probate and to be appointed co-executrices. The probate judge granted summary judgment in favor of the defendants and ordered the Will and codicil admitted to probate. The Plaintiff then filed a nine-count Complaint in the Family Part using fictitious names for all the parties. She alleged that her mother’s will breached a prenuptial agreement, sought past and present child support and alleged embezzlement and fraud. She also alleged her mother stole and misused funds left to her by her father and grandmother. She alleged that one sister committed a tort because of an arrest and conviction … Continue reading
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