New Jersey Legal Guides
30 guides covering New Jersey topics, each with CaseDiver search beside the article.
- Can a Beneficiary Witness a Will In New Jersey?
Yes, a beneficiary of a will is permitted to be a witness to the will under New Jersey law. New Jersey Requires Two Witnesses To a Will Under New Jersey law, a will must be witnessed by two witnesses to be valid. NJ Stat § 3B:3-2(3) . We ha…
- Can a Will Written in Blood Be Admitted to Probate?
A New Jersey holographic will written in a testator's blood was found valid in the recent New Jersey case of In re Bradway , No. A-4535-16T3, 2018 N.J. Super. Unpub. LEXIS 1505 (Super. Ct. App. Div. June 25, 2018). In Bradway, the court add…
- Can You Probate a Lost Will In New Jersey?
Yes, you can probate a lost will in New Jersey, but it is not as easy as probating an original will. A “lost will” is a will, the original of which cannot be found. Generally, an original will is needed in order to file it for probate with …
- Castle Doctrine in New Jersey: Deadly Force Against Intruders
New Jersey castle doctrine: when occupants may use deadly force against home intruders, key statutes (N.J. Stat. Ann. § 2C:3-4), presumptions, and leading cases.
- Deadlines and Timelines In New Jersey Probate
What Are the Deadlines And Timelines In New Jersey Probate? Key deadlines and timelines in New Jersey probate include: Will contest - Within 4 months after probate or of grant of letters of appointment OR 6 months after grant of probate or …
- File a New Jersey Caveat With Caution
Filing a caveat in New Jersey Surrogate Court is done when someone wants to contest the admission of a New Jersey Will to probate . It is a simple, signed statement putting the Court and interested persons on notice that someone contests th…
- Forum Non Conveniens in Federal Probate Litigation
The forum non conveniens doctrine allows a federal court to defer its jurisdiction in probate litigation (or any litigation) where principles of justice and convenience favor the action being brought in another forum. In a recent federal pr…
- Guide To Creditor Claims In New Jersey Estates
A creditor claim is filed in a New Jersey estate by a person or entity that was owed money by the decedent at the time of decedent’s death. A New Jersey personal representative is not obligated to pay every creditor claim that is filed, and…
- How Does Divorce Impact a New Jersey Estate Plan?
What happens to your estate plan under New Jersey law when you get a divorce? If you do not make changes to your estate plan after getting a divorce, New Jersey law automatically provides some protection by providing that your former spouse…
- How Do You Make a Valid Will In New Jersey?
To make a valid will in New Jersey, the testator (the person making the will) must be at least 18 years old and of sound mind. NJ Stat § 3B:3-1. To be valid under New Jersey law the will must be: In writing; Signed by the testator; Witnesse…
- How Do You Probate a Will In New Jersey?
The probate of a will under New Jersey law is required when a decedent dies a resident of New Jersey, or owning property in New Jersey, and has assets that must go through probate. Locate the Decedent’s Will The first step to probate a will…
- How Do You Revoke a Will In New Jersey?
A testator can revoke a will in New Jersey by: Executing a subsequent will that revokes the previous will or part expressly or by inconsistency; or By the performance of a revocatory act on the will. The law governing how a testator …
- How Long Does Probate Take In New Jersey?
A regular New Jersey probate should take less than one year to complete. “Regular” means a probate that goes smoothly and is straightforward. Even in the most straightforward of New Jersey probates, the process can take a long time because …
- How Much Commission Does a New Jersey Estate Executor Get Paid?
A New Jersey estate executor typically gets paid two fees or commissions — a corpus commission and an income commission. New Jersey Executor Corpus Commission The New Jersey corpus commission for the executor is based off of the assets rece…
- How to Challenge a Will in New Jersey
Challenge a will in New Jersey on the grounds of: Lack of proper formalities Undue Influence Lack of capacity Revocation Lack of Formalities Required For a New Jersey Will To make a valid will under New Jersey law, a will shall be: (1) in w…
- How To Remove an Executor Or Administrator In New Jersey Estates
Removal of an executor or administrator from office in a New Jersey estate can be done by the court for several reasons, including bad behavior, the loss of capacity, or neglect of their duties. Section 3B:14-21 governs the removal of an ex…
- Inventory And Appraisal In New Jersey Probate
An inventory and appraisal in New Jersey probate is a written document disclosing the assets of the decedent’s estate. The inventory provides the Surrogate’s Court and the beneficiaries with the total value of assets of the decedent’s estat…
- Must an Estate Have a Lawyer in Federal Court?
The rules of each state vary in terms of whether the personal representative (also known as an executor) must have a lawyer in state court for purposes of probate administration. Although federal courts will not handle probate administratio…
- New Jersey Alimony: Eligibility, Amount, and Duration
How New Jersey courts award alimony under N.J.S.A. 2A:34-23: eligibility, statutory factors, duration, and leading cases.
- New Jersey Child Support Guidelines: How Support Is Calculated
How New Jersey calculates child support under N.J. Court Rules Appendix IX; N.J.S.A. 2A:34-23, including the income shares, deviations, modification, and leading cases.
- Stand Your Ground Laws in New Jersey
New Jersey stand-your-ground overview (duty-to-retreat (outside the home)): duty to retreat, statutes, civil immunity, and controlling cases.
- Surviving Spouse Rights New Jersey
New Jersey law affords surviving spouses important rights and benefits, including: Intestate Share Omitted Spouse Rights Elective Share Support Allowance Exempt Property Surviving Spouse Rights In New Jersey If No Valid Will - Intest…
- Undue Influence In New Jersey Will Contests
Undue influence in New Jersey is one of the most common grounds to challenge a will and has been defined as “mental, moral or physical exertion which has destroyed the free agency of a testator by preventing the testator from following the …
- What Are the Different Types Of Estate Proceedings in New Jersey?
There are 5 basic types of estate proceedings in New Jersey: Probate General administration Administration CTA Limited Administration Small Estate Administration New Jersey Probate When a decedent dies testate ( with a valid will ), a New J…
- What Does It Mean To Have Testamentary Capacity In New Jersey?
Testamentary capacity (being of sound mind) is required to make a valid will in New Jersey . Many people are surprised by how low the standard for testamentary capacity is. The standard for testamentary capacity is lower than the standard t…
- What Happens In New Jersey When a Child Is Born Or Adopted After The Execution Of a Will?
When a child is born or adopted after a will is made , and the will makes no provision for them, the child is an “omitted child” under New Jersey law. The general rule under New Jersey law is that if a decedent fails to provide in the will …
- What Is A Confidential Relationship In New Jersey Undue Influence Cases?
One of the requirements to make an undue influence case under New Jersey law is the existence of a confidential relationship between the decedent and the alleged undue influencer. In general terms, a confidential relationship exists when on…
- What Is Ancillary Probate In New Jersey?
An ancillary probate might be necessary when a decedent who lives outside of New Jersey leaves assets in New Jersey subject to estate administration - property in New Jersey that does not pass by operation of law or by title. When Do You Ne…
- Who Are Next Of Kin In New Jersey?
“Next of kin” as used in the New Jersey probate statutes does not merely mean the closest relatives of the decedent, but all of decedent’s relatives entitled under the statute of descent and distribution to share in the decedent’s estate. I…
- Who Has Priority To Be Appointed as Administrator of a New Jersey Estate?
NJ Rev Stat § 3B:10-2 governs who has priority to serve as administrator of a New Jersey estate and to whom letters of administration are granted when someone dies intestate (without a valid will) and states: If any person dies intestate, a…