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OFFICE OF CONTINUING EDUCATION WORKSHOPS
The Rutgers State University of New Jersey is pleased that Mr. Fredrick P. Niemann of Hanlon Niemann, Freehold, NJ will be teaching their workshops for the Office of Continuing Education.
Mr. Niemann will offer continuing Education courses on Medicaid and Veterans Benefits.
Topic: Medicaid Changes: The Approaching Storm
Date: April 5
Time: 9:30 AM - 11:30 AM
Place: 5th floor, 390 George St, New Brunswick, NJ
Topic: Hidden Secrets of Veterans Benefits
Date: May 3
Time: 9:30 AM - 11:30 AM
Place: 5th floor, 390 George St., New Brunswick, NJ
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Fredrick P. Niemann, Esq. was recently asked to speak at the NJ State Bar Association Institute of Continuing Legal Education in New Brunswick, NJ on the essentials of estate planning.
Mr. Niemann addressed attorneys from throughout the state of NJ interested in learning key concepts and principals of NJ estate planning, including such topics as wills, trusts, estate taxations, asset protection, powers of attorney, health care directives, special needs and supplemental needs trusts for disabled and incapacitated individuals, avoiding probate through creative use of beneficiary planning, inheritance taxes, gifting and changes coming to federal estate taxation.
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Mr. Niemann was quoted in an article in the Asbury Park Press which discusses
Last Wills and Testaments. A copy of the article can be found here.
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The application for Probate and the qualification of the Executor may be taken at any time following ten (10) days after the death of an individual. This delay period is designed to permit time for any person with an interest in the estate to file an objection or "caveat" to the admission of the Will to probate. This objection to the probate of a will generally means the authenticity or validity of the Will is being challenged in a "Will Contest" or "Probate Dispute".
When all probate procedures are performed, the Surrogate will issue "Certificates of Executorship" to the Executor which will enable him/her to act with the same power as the deceased over his or her property (i.e., cash checks, withdraw money from bank accounts, transfer property, sell real estate, etc.).
1) When is probate necessary in NJ Estate Administration?
"Probate" is a process whereby a Will is "proved" to be valid by a public official (the County Surrogate) with authority to determine the authenticity of such document. When there is no Will, the Surrogate issues Certificates of Administration to the person determined by law to handle the estate administration of the deceased. (See "Who may act as administrator").
If a person dies owning any property (real or personal, i.e, house, bank and savings account annuities, IRA's etc.) that, if alive, would require a signature to a document (as an example, a check, title to car, deed to real estate, stock certificate, etc.) to liquidate, transfer ownership or otherwise disposed of such property, then probate is required in New Jersey.
If the individual died holding property as a "joint tenant with a right of survivorship" with another individual, then the probate of that property as joint tenant may not be necessary because ownership of that property generally vests in and belongs to the surviving owner. Beneficiary designations are an important consideration in determining what property is or is not subject to probate. A qualified New Jersey Probate Law Attorney should be consulted.
For additional information on NJ probate, go to www.njestateadministrationlawyer.com (click here).
To speak with a knowledgeable and experienced probate attorney, please call Fredrick P. Niemann toll-free at (855) 376-5291 or e-mail him at fniemann@hnlawfirm.com and set up an office consultation at your convenience to discuss your particular needs. He welcomes your calls and inquiries and you’ll find him easy to talk to and very approachable.
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Fredrick P. Niemann, Esq.
NJ Probate Dispute Attorney
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