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Changes to Estate Administration Law
2009 update Wills and Estate Planning
The new Probate Law and court decisions made a number of substantial changes in Probate and the administration of estates and trusts in New Jersey.
1. Recent cases & suspicious circumstances
Preparation of Wills
When there is a confidential relationship coupled with suspicious circumstances, undue influence is presumed and the burden of proof shifts to the Will proponent to overcome the presumption.
If there is undue influence in making of Will and transfer by Deed of a house by persons in Confidential relationship, this could subject those persons to punitive damages in some instances, plus voiding of the Will. In the Matter of the Estate of Madeleine Stockdale, Deceased (A-121-06) Decided July 22, 2008
The New Probate Law
SENATE Law No. 708 made a number of substantial changes to the provisions governing the administration of estates and trusts in New Jersey.
The adoption of portions of the Uniform Probate Code attempted to bring greater uniformity to the rules governing testamentary and non-testamentary transfers to make most state laws similar.
1.Almost Wills.
The law expands situations where writings that are intended as Wills would be allowed, but requires that the burden of proof on the proponent would be by clear and convincing evidence. Possibly a Christmas card with handwritten notes could be presented as a Will or Codicil.
To present a non formal Will or writing requires an expensive Complaint and Order to Show Cause to be filed in the Superior Court, and a hearing in front of a Superior Court Judge.
Be careful, have a Will done properly by an experienced attorney.
Contact a Probate Attorney for an in office consultation
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
More information at www.CentralJerseyElderLaw.com
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Real Estate and Probate
http://www.EasyProbateInvesting.com How to find & buy probate real estate. FREE video shows tips on how to buy probate real estate at discounts of 30-50%!
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Probate Real Estate Investing Profits
http://www.EasyProbateInvesting.com Probate real estate investing profits made easy! What is probate real estate and how to find it. FREE video on probate real estate investing. Find probate real estate at discounts of 30-50%! Watch now at no cost…
Duration : 0:1:32