Your Beneficiaries Can Override Your Will in New Jersey
How Beneficiary Designations Can Override a Will in New Jersey Estate Planning Many people believe a will controls everything they own. That belief is common, but it is not always true. In New Jersey, some assets follow rules that sit outside a will. These rules can change who receives property after death....
Guardianship Planning for Minor Children in New Jersey
Choosing a Guardian for Minor Children in New Jersey Choosing a guardian for minor children is one of the most important parts of an estate plan. This choice shapes who will care for a child if a parent dies. It affects daily life, safety, and long-term stability. The decision deserves time and care. Many parents...
Simple Ways to Include Caregivers in Your Estate Plan
An estimated 43.5 million Americans provided formal or informal care to an adult over the past year. About 16.6 million American adults with disabilities required the care of another adult for essential activities of daily living. If you have a caregiver, working with an estate planning lawyer to include them in your...
Don’t Let Family Conflict Undermine Your Estate Plan
Family tensions are more common than many people realize. Recent research shows that roughly 27 % of adults in the U.S. are estranged from at least one family member, equating to tens of millions of people experiencing serious family estrangement. Around 10 % report being estranged from a parent or child, and many...
When Mediation Can Be an Option vs. Litigation in Will Contests
Disputes over wills and estates can divide families for years. In New Jersey, these conflicts often reach probate court, where decisions are made through formal litigation. But in many cases, mediation provides a better path forward. Mediation allows parties to resolve disputes privately, often at lower cost and with...
Estate Insolvency: What Happens When Debts Outweigh Assets
When a person passes away, their estate goes through a process called probate. During this process, the executor or administrator gathers assets, pays valid debts, and distributes what remains to heirs or beneficiaries. But what happens when the debts are greater than the assets? In New Jersey, this is known as an...
Unequal Inheritances Can Spark Fiduciary Duty Claims
When someone prepares an estate plan, they have the right to distribute property as they choose. Parents often assume they can leave unequal shares to children or favor certain beneficiaries. While unequal inheritances are legal, they often create resentment and disputes. In some cases, they lead to claims that...
The Role of Digital Forensics in Estate Litigation
Estate litigation often centers on questions of intent, capacity, or fairness. Traditionally, courts relied on witness testimony, paper documents, and expert opinions to resolve these disputes. Today, however, digital evidence plays a growing role. Emails, text messages, metadata, and electronic records can provide...
Silent Beneficiaries: Legal Risks of Failing to Communicate Estate Plans
Estate planning is more than just creating documents. It is about ensuring your wishes are understood, your assets are distributed correctly, and your family avoids unnecessary conflict. One of the most overlooked parts of this process is communication. Many people write their wills or set up trusts but fail to...
Executor Removal in New Jersey: When and How Courts Intervene
When someone passes away in New Jersey, their estate must be managed and settled. This responsibility usually falls to the executor, the person named in the will to handle the administration. Executors play a crucial role: they collect and protect assets, pay debts and taxes, and distribute property to beneficiaries....