Leesburg Wills & Probate Lawyer, New Jersey

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Includes: Estate Administration, Living Wills, Wills

Mary J. Maudsley

Employment, Litigation, Personal Injury, Wills & Probate
Status:  In Good Standing           

Janice A. Ciallella

Estate Administration, Personal Injury
Status:  In Good Standing           

J. Christopher Gibson

Business Organization, Banking & Finance, Wills & Probate, Government Agencies
Status:  In Good Standing           

Joshua A. Donohue

Election & Political, Business Organization, Family Law, Wills & Probate
Status:  In Good Standing           

Brian Mcewing

Admiralty & Maritime, Wills & Probate, Environmental Law, Administrative Law
Status:  In Good Standing           

Elizabeth Jane Molt

Living Wills, Domestic Violence & Neglect, Family Law, Divorce & Family Law
Status:  In Good Standing           Licensed:  40 Years

Susan Romeo

Family Law, Real Estate, Workers' Compensation, Wills & Probate
Status:  In Good Standing           

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LEGAL TERMS

INTESTATE

The condition of dying without a valid will. The probate court appoints an administrator to distribute the deceased person's property according to state law.

INTER VIVOS TRUST

The Latin name, favored by some lawyers, for a living trust. 'Inter vivos' is Latin for 'between the living.'

LIFE BENEFICIARY

A person who receives benefits, under a trust or by will, for his or her lifetime. For an example, see AB trust.

BANKRUPTCY ESTATE

All of the property you own when you file for bankruptcy, except for most pensions and educational trusts. The trustee technically takes control of your bankrup... (more...)
All of the property you own when you file for bankruptcy, except for most pensions and educational trusts. The trustee technically takes control of your bankruptcy estate for the duration of your case.

FINAL BENEFICIARY

The person or institution designated to receive trust property upon the death of a life beneficiary. For example, Jim creates a trust through which his wife Jan... (more...)
The person or institution designated to receive trust property upon the death of a life beneficiary. For example, Jim creates a trust through which his wife Jane receives income for the duration of her life. Their daughter, the final beneficiary, receives the trust principal after Jane's death.

SPRINKLING TRUST

A trust that gives the person managing it (the trustee) the discretion to disburse its funds among the beneficiaries in any way he or she sees fit.

PROVING A WILL

Convincing a probate court that a document is truly the deceased person's will. Usually this is a simple formality that the executor or administrator easily sat... (more...)
Convincing a probate court that a document is truly the deceased person's will. Usually this is a simple formality that the executor or administrator easily satisfies by showing that the will was signed and dated by the deceased person in front of two or more witnesses. When the will is holographic -- that is, completely handwritten by the deceased and not witnessed, it is still valid in many states if the executor can produce relatives and friends to testify that the handwriting is that of the deceased.

SPECIAL ADMINISTRATOR

(1) In the law of wills and estates, a person appointed by the court to take charge of only a designated portion of an estate during probate. For example, a spe... (more...)
(1) In the law of wills and estates, a person appointed by the court to take charge of only a designated portion of an estate during probate. For example, a special administrator with particular expertise on art might be appointed to oversee the probate of a wealthy person's art collection, but not the entire estate. (2) A person appointed to be responsible for a deceased person's property for a limited time or during an emergency, such as a challenge to the will or to the qualifications of the named executor. In such cases, the special administrator's duty is to maintain and preserve the estate, not necessarily to take control of the probate process

IRREVOCABLE TRUST

A permanent trust. Once you create it, it cannot be revoked, amended or changed in any way.

SAMPLE LEGAL CASES

In re Probate of Will and Codicil of Macool

As correctly found by the trial court, the salient facts of this case are undisputed. Louise and Elmer Macool were married for forty years; this was, for both, their second marriage. Although they did not have biological children together, Louise raised Elmer's seven children from his prior ...

Higgins v. Thurber

... In reversing the grant of summary judgment to defendants, the panel specifically noted that although a potential claim sounding in legal malpractice may have been raised in a previous Bergen County probate proceeding in which defendant Mary Thurber intervened on the cusp ...

State v. McCabe

... restrictions. We are asked to decide whether a municipal court judge must recuse himself when the judge and the defense attorney are adversaries in an unrelated, pending probate case that has been dormant for two years. ...