Unintended Consequences – Part 2
In my post last week, I started to tell you about an interesting estate administration case involving an heir who had legally adopted the decedent a number of years before the decedent died. This was an adult adoption in which the adopted parent was only 10 years older than the adopted
Unintended Consequences (Part 1)
In this week’s post I’ll tell you about an interesting issue that came to our office involving an estate administration matter.  The decedent left a portion of his estate to his friend.  What I also learned is that the friend who was 10 or so years older than the decedent, legally adopted
The Executor Who is Neither a Resident Nor a Citizen (Part 1)
We received a call the other day regarding an estate administration matter.  A New Jersey resident died leaving a home and other assets in her name.  She named her her sibling as the sole heir as well as her executor.  Sounded pretty straight forward.   An inheritance tax return would need to be filed
A Mysterious Disappearance – Part 2
In last week’s post I told you about Joe’s call concerning the disappearance of his brother Jim while on a trip to South America. The fishing boat he was on came back without him but his body has not been recovered. While the loss and uncertainty obviously is causing much pain for
Why and When a Surety Bond is Necessary – Part 3
In this third post of three I once again discuss surety bonds.  Last week I explained the types of situations where a court would require one.  The cost of a bond is the premium - an annual fee that must be paid each year the bond remains in place. How long is that
Why and When a Surety Bond is Necessary – Part 2
Why and When a Surety Bond is Necessary In last week’s blog post I explained what a surety bond is and why, in a general sense, it is required by courts. This week I will cover situations in which a court would or might require one. Typically, when someone dies leaving a will
Estate Administration to Pursue Legal Claims – Part 3
In last week’s blog post I talked about a call from an attorney who needed help.  He was handling a wrongful death claim on behalf of the children of a father who had died of injuries suffered in a car accident.  I was able to get the son appointed administrator ad prosequendum
Estate Administration to Pursue Legal Claims – Part 2
In last week’s post I referred to a recent case in our office in which an administrator ad prosequendum was needed with respect to an estate whose only potential asset was a legal claim for damages resulting from a wrongful death. Not knowing how much might be recovered and there being
Changing Distributions After Death – Part 2
In my post last week, I talked about a scenario where family members wish to change the distributions they are to receive after a loved one’s death.  Because the death sets in place the wishes of the decedent (person who died) either by the will or the intestacy laws if there
Changing Distributions After Death – Part 1
Often when we have an estate administration matter, the will being probated is an old one.  In some cases the person never actually executed a will although he or she may have communicated to family members his/her wishes with regard to the distribution of assets.  In other cases the family members agree