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Wills- Probate

Separated Husband’s Will Upheld by Court despite Spouse’s Court Order

July 29, 2012 by Admin

In Estate of Jon den Hollander, an interesting question arose regarding a court order restricting a separated spouse from dissipating marital assets. This order is often established to prevent the deprivation of one’s spouse of equitable distribution. What if the separated husband dies before the divorce is finalized with a will directing his assets to those other than his spouse? Would that be considered, “dissipating marital assets” and therefore be in violation of the court order? [Read more…] about Separated Husband’s Will Upheld by Court despite Spouse’s Court Order

Filed Under: Diversion of Assets, DIVORCE FORUM, ESTATE, TRUST, GUARDIANSHIP, Wills- Probate

Unexecuted Will Admitted to Probate by NJ Superior Court

July 20, 2012 by Admin

In an interesting ruling by the New Jersey Appellate Division in the Matter of Estate of Richard D. Ehrlich, it was determined that a will that was neither dated nor signed could be admitted to probate. Richard Ehrlich, a trust and estates attorney, passed away on Sept. 21, 2009 leaving Todd and Jonathan Ehrlich, and Pamela Venuto, his niece and nephews, as his only next of kin. After his passing, Jonathan discovered a copy of a purported will in a drawer. It was typed on legal paper and included Richard Ehrlich’s name and law office address on each page, although it wasn’t dated or signed. It did include, in decedent’s own handwriting, a notation “Original mailed to Harry Van Sciver 5/20/2000”. The document named Harry Sciver as Executor of purported will. Van Sciver predeceased the decedent and the original of the document was never returned. The purported will stated that Jonathan was to receive a significantly larger portion of the estate than Todd or Pamela.  For a complete copy of the case, click here: Estate of Richard D. Ehrlich [Read more…] about Unexecuted Will Admitted to Probate by NJ Superior Court

Filed Under: ESTATE, TRUST, GUARDIANSHIP, Wills- Probate Tagged With: Estate Taxes, NJ Inheritance Taxes, Will Probate

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