If you and your spouse/partner or co-parent have separated, you can decide how to handle your financial affairs or how to co-parent your children. However, such agreements are not enforceable unless filed in court. This makes it important to work with a family law attorney who can help you through the technical aspects of familyContinue reading “Can I write my own separation or custody agreement without an attorney?”

You should consult with a family lawyer as soon as you are considering, or you know or believe a family member is considering, taking some sort of legal action, such as filing for divorce, child custody, or child support. You should certainly speak to an attorney once you have been served with notice of aContinue reading “When should I speak to a family law attorney?”

Having a professionally drafted, written, signed, and witnessed will and setting up a trust in accordance with all applicable laws are important parts of smart family law and estate planning. You can only contest a will or trust if you have sound legal grounds for doing so. Examples include someone who was coerced or forcedContinue reading “Can I contest a will or trust?”

There are many benefits to writing your will and setting up a trust. Even if you do not have considerable assets or holdings, having a written will and a legally binding trust in place can help your beneficiaries in numerous ways. You never know when you may die, and incapacitating accidents can also lead toContinue reading “Do I need to write a will or set up a trust?”

The duration within which a party can initiate a timely will contest is determined by the state’s statute of limitations. In New Jersey, the clock typically starts ticking from the date the will is filed for probate. Failing to object to the probate application allows a narrow window of four months (or six months forContinue reading “What is the timeframe for contesting a will?”

While a party’s standing to file a will contest will depend on the specific facts and circumstances of the situation, generally, any interested party will be entitled to contest a will. Interested parties include any individual or entity that can show that they have a financial interest in the outcome of the estate administration, usually,Continue reading “Who can contest a will?”

A trust is a type of legal arrangement that holds property. The property is placed into the trust by the trust-maker, also called a trustor or settlor. In a trust document, the settlor will name one or more people to serve as trustee, which is the party who manages the trust. The trustee is expected toContinue reading “What is a trust?”

The eligibility of a party to file a will contest hinges on the specific circumstances of the case. Generally, any interested party with a financial stake in the estate administration can contest a will. This typically includes beneficiaries named in the purported will and individuals qualifying as heirs under state intestacy laws.

It may be best for you and your family to leave the day-to-day management of the special needs trust to a professional trustee. A professional trustee will have extensive experience in financial management and will also keep up to date on changes to state and federal laws and regulations governing assistance benefits. A professional trusteeContinue reading “Who should I pick to serve as trustee of my loved one’s special needs trust?”

A special needs trust is a specific type of trust that is used to ensure that a disabled individual does not become disqualified for housing arrangements or government assistance or benefits in the event the individual has too many assets or too much income. For example, a special needs trust can protect a disabled individual’s rightContinue reading “What is a special needs trust?”