Creditor Priority in Probate Matters

Published: Apr 4, 2019 | Last modified: Apr 6, 2019
This question often comes up during client meetings involving the administration of estates venued in the Superior Court of New Jersey, Chancery Division, Probate. In situations where an estate has insufficient assets to cover all of the decedent's debts do creditors of the estate get pai...

Appeals Court Says Litigant Can Challenge Plain Language of a Trust

Published: Apr 7, 2018 | Last modified: Apr 7, 2018
In a published decision issued on March 28, 2018, the New Jersey Appellate Division held that a trial court may look beyond the plain language of a trust document that benefitted the settler's "grandchildren" to determine whether she intended to benefit only some of her grandchilren. In t...

How to Probate a Will in Bergen County

Published: May 29, 2017 | Last modified: Jul 5, 2017
Need to probate a will in Bergen County? The Bergen County Surrogate offers a step-by-step procedure explaining how to probate a will in Bergen County, New Jersey. Click here to download the publication. ...

What is the Role of a Guardian of an Incapacitated Person Under New Jersey law?

Published: Jun 25, 2017 | Last modified: Jul 5, 2017
In New Jersey the role of a guardian of an incapacitated person's estate is largely statutory. In re Guardianship of A.D.L., 208 N.J. Super. 618, 623 (App. Div. 1986). N.J.S.A. 3B:12-36 to -64 prescribe a guardian's powers to manage an incapacitated person's estate. See In re Keri, 18...
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