Bercik Law Blog

Why make a will?

Every needs an estate plan. Neglecting to make a will may have unintended consequences for the people you leave behind.  https://berciklaw.com/wp-content/uploads/Why-you-need-a-will-vid.mp4

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Estate Insolvency berciklaw.com

Estate Insolvency: What to do when the estate can’t pay the bills.

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

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interpret a trust - berciklaw.com

HOW A COURT MAY INTERPRET A TRUST

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

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juvenile record expungement

Juvenile Record Expungement – What you need to know.

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

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inherited property

INHERITED PROPERTY: EJECTMENT OF FAMILY

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

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inheriting joint BANK ACCOUNT

WHO OWNS AN INHERITED JOINT BANK ACCOUNT?

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

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last will and testament-berciklaw.com

EXECUTOR DUTIES – WHAT ARE THE DUTIES OF AN EXECUTOR?

Executor Duties #1 –  Collect Assets and Information. The executor is in charge of locating, reading and understanding the will and filing and/or probating it in the Surrogate’s office in the county where the deceased last resided. Next, he/she must find and inventory all the assets of the estate including; veteran’s benefits social security benefits

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