Is it Still Possible to Probate a Will?
Last week, I heard the statistic reported that the number of Covid-19 related deaths has now exceeded the number of people who died in the Vietnam War. The Vietnam War, of course, spanned 11 years while the current pandemic has been ongoing for a few months at this point. The compressed
Self-Proving Will (Part 2)
Last week I wrote about the process of probate and how easy it is to admit a will to probate without the need to appear before judge if it is a self-proving one. But what exactly is a self-proving will? New Jersey law sets out clear instructions on how to make
Self Proving Will (Part 1)
Probating a will is the process by which a will is presented before a court of law for the purpose of having it established to be the last will of the person who died. Probate means “to prove”. In New Jersey most wills do not need to be presented before
Not as Much Time as You Think (Part 2)
In last week’s blog post I started to tell you about Mary’s call to our office. She reached out because her dad, who was in the hospital, wanted to make a change to his will to leave his home to Mary. It’s something he had told her
Not as Much Time as You Think (Part 1)
A part of what we do as elder law attorneys involves drafting the essential legal documents that will help clients set forth clearly their wishes and help family members assist them in accomplishing their goals. This usually includes a power of attorney, health care directive, last will and testament
Why You Want to Avoid Intestacy Laws – Part 2
               In last week’s post I started talking about intestacy laws which direct how assets pass when a person dies without a will. This week I will discuss a couple of instances where failing to prepare a will proved harmful.                In the first case, Joe was married but he had
Why You Want to Avoid Intestacy Laws – Part 1
               In the past few months we have had calls regarding how to distribute assets of a person who dies without a will. This is what is known as dying “intestate”, without leaving a will or set of instructions as to how you want your assets distributed.  Keep in mind
Unexpected Inheritance – Too Good to Be True? Part 2
    In last week’s post I shared with you a letter my client, John Smith, received about an unexpected inheritance. There are several red flags that tell us it’s a scam.     The letter contained the bank’s recognizable logo. It appeared to be “off”, although I was
Unexpected Inheritance – Too Good to Be True? (Part 1)
    In this week’s post I will share with you a letter a client received that he forwarded to me. Our client – we’ll refer to him as John Smith (not his real name) – received a letter from the account manager at a foreign branch of
What Constitutes a Validly Executed Will (Part 2)
               Last week I was telling you about an Australian case in which the court held that a deceased man’s unsent text message found on his phone was considered to be a valid will. How might a New Jersey court rule on these facts?                New Jersey law generally establishes that