Insolvency: What an executor can do when the estate can’t pay all the bills. Estate insolvency occurs when a person dies leaving behind more debt than there are funds to pay off the debts. Any assets in the estate including real estate may be sold off to repay debts. The estate’s executor, beneficiaries or heirs generally
N.J. Omitted Spouse Law – I’m not inheriting my husband’s estate because his will was made before our marriage.
New Jersey Omitted Spouse Statute. If your husband’s or wife’s will was made before your marriage the Omitted Spouse statute may be the solution to claiming your inheritance. The law provides relief to an omitted spouse of a deceased testator in New Jersey. In situations in which a spouse fails to provide for his or
A Court May Interpret a Trust Beyond the Document’s Plain Language interpret a trust In the Matter of the Trust of Violet Nelson, the New Jersey Appellate Division re-affirmed its position that a court may use outside evidence to interpret a trust by looking at the intent of the trust creator. In the recent New
Juvenile Record Expungement can Include an Entire Juvenile History. A juvenile record expungement application can be made 6 years after the latest adjudication & completion of supervision. Any juvenile adjudication of delinquency (the equivalent of an adult conviction) can be expunged in, essentially, the same way that an adult conviction can be expunged. That means that
After a DUI Drunk Driving Arrest You Must Consider the Consequences & Your Defense A DUI drunk driving arrest with its accompanying breathalyzer tests, time locked in a cell and mugshots is, in and of itself, a traumatic and humbling experience. However, your journey through the judicial system is only just beginning. Now, you face
Inherited Property Sometimes an Executor is faced with ejecting family from inherited property. When an executor or estate administrator must remove occupants in inherited property, legal guidance for an ejectment action may be required. If your siblings or other occupants, oftentimes family members, refuse to leave the home, such as after your parent passed away, there
THERE CAN BE CONFUSION WITH WHO OWNS THE FUNDS IN AN INHERITED JOINT BANK ACCOUNT New Jersey’s Multiple-Party Deposit Account Act addresses the rights of surviving joint account holders. Who owns the funds held in a joint account before it becomes an inherited joint bank account? Generally, unless a contrary intent is stated by the