Binding Arbitration and Admissions Agreements – Part 2
In last week’s post I wrote about a New Jersey Appellate Division case that was handed down a couple of weeks ago concerning an arbitration clause in an assisted living facility contract. I explained that there is a federal law that favors and encourages arbitration but there is also a New
Why a Will is so Important in a Second Marriage – Part 2
In my post last week I began telling you about Mary’s call. Her husband, John passed away without a will so for the probate assets - those held by John individually with no co-owner and no beneficiary upon death - New Jersey’s intestacy laws would control. As I explained last week, these
What If I Can’t Find the Original Will – Part 1
We all know the statistics. 110,000 deaths attributed to Covid-19 and climbing. Our office has received more calls in the last 3 months regarding the need for estate administration than at any time that I can recall in the past 25 years. In many instances the decedent (the person who
A Do It Yourself Will Gone Bad – Part 1
I recent call I received from Mary illustrates the risks of do it yourself estate planning. In this case Mary and john, her husband prepared their wills using Quicken’s Willmaker software which can be purchased online for less than $100. It couldn’t be easier, right? Hiring an estate planning attorney could cost several hundred to a
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