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Jay Freireich
About | Practice Areas
FREIREICH L.L.C.
354 Eisenhower Parkway Plaza II, Suite 2400 Livingston, NJ 07039» view map
Estate Law
Experienced. Knowledgeable. Reputable.

At Freireich L.L.C. in Livingston, I help clients tackle legal challenges and address future needs through effective advice on estate and tax matters.

800-920-4971
1. Jay Freireich Livingston, NJ
  Attorney at Law - NJ, 1987
  University of Miami LL.M. 1986
2. AboutFREIREICH L.L.C.
  Experienced. Knowledgeable. Reputable.
3. Practice AreasExpertise
  Estate Law
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Includes: Estate Administration, Living Wills, Wills

Peter J. Van Dyke

Wills, Wills & Probate, Trusts, Personal Injury

Status: In Good Standing

CONTACT

204 Court House Lane, Toms River, NJ 08753

Lauren Murray Dooley

Condominiums, Discrimination, Estate Administration, Landlord-Tenant

Status: In Good Standing

CONTACT

212 Hooper Ave., Toms River, NJ 08753

Thomas F Kelaher

Wills, Wills & Probate, Trusts, Personal Injury

Status: In Good Standing

CONTACT

204 Court House Lane, Toms River, NJ 08753

Timothy Kelly

Elder Law, Wills & Probate, Medicare & Medicaid, Nursing Home

Status: In Good Standing Licensed: 23 Years

FREE CONSULTATION

CONTACT

30 Main Street, Toms River, NJ 08753

Lynne A. Dunn

Motor Vehicle, Living Wills, Property Damage, Personal Injury

Status: In Good Standing Licensed: 31 Years

CONTACT

236 Washington St, Toms River, NJ 08753

James M. McKenna

Real Estate, Wills & Probate, Estate Planning, Family Law

Status: In Good Standing Licensed: 43 Years

CONTACT

47 Main St, Toms River, NJ 08754

Michael A. Jacobus

Health Care, Wills & Probate, Corporate, Medical Malpractice

Status: In Good Standing Licensed: 26 Years

CONTACT

202 Main St, Toms River, NJ 08753

Lucian Ulmet

Education, Litigation, Wills & Probate, Corporate

Status: In Good Standing

CONTACT

1041 West Lacey Road, Forked River, NJ 08731

Anne Garner

Real Estate, Wills & Probate, Estate, Family Law

Status: Retired

CONTACT

110-A Commons Way, Toms River, NJ 08754

800-923-0641

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LEGAL TERMS

STATUTORY SHARE

The portion of a deceased person's estate that a spouse is entitled to claim under state law. The statutory share is usually one-third or one-half of the deceas... (more...)

The portion of a deceased person's estate that a spouse is entitled to claim under state law. The statutory share is usually one-third or one-half of the deceased spouse's property, but in some states the exact amount of the spouse's share depends on whether or not the couple has young children and, in a few states, on how long the couple was married. In most states, if the deceased spouse left a will, the surviving spouse must choose either what the will provides or the statutory share. Sometimes the statutory share is known by its more arcane legal name, dower and curtesy, or as a forced or elective share.

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.

CERTIFIED COPY

A copy of a document issued by a court or government agency guaranteed to be a true and exact copy of the original. Many agencies and institutions require certi... (more...)

A copy of a document issued by a court or government agency guaranteed to be a true and exact copy of the original. Many agencies and institutions require certified copies of legal documents before permitting certain transactions. For example, a certified copy of a death certificate is required before a bank will release the funds in a deceased person's payable-on-death account to the person who has inherited them.

EXEMPTION TRUST

A bypass trust funded with an amount no larger than the personal federal estate tax exemption in the year of death. If the trust grantor leaves property worth m... (more...)

A bypass trust funded with an amount no larger than the personal federal estate tax exemption in the year of death. If the trust grantor leaves property worth more than that amount, it usually goes to the surviving spouse. The trust property passes free from estate tax because of the personal exemption, and the rest is shielded from tax under the surviving spouse's marital deduction.

KINDRED

Under some state's probate codes, all relatives of a deceased person.

INVENTORY

A complete listing of all property owned by a deceased person at the time of death. The inventory is filed with the court during probate. The executor or admini... (more...)

A complete listing of all property owned by a deceased person at the time of death. The inventory is filed with the court during probate. The executor or administrator of the estate is responsible for making and filing the inventory.

SELF-PROVING WILL

A will that is created in a way that allows a probate court to easily accept it as the true will of the person who has died. In most states, a will is self-prov... (more...)

A will that is created in a way that allows a probate court to easily accept it as the true will of the person who has died. In most states, a will is self-proving when two witnesses sign under penalty of perjury that they observed the willmaker sign it and that he told them it was his will. If no one contests the validity of the will, the probate court will accept the will without hearing the testimony of the witnesses or other evidence. To make a self-proving will in other states, the willmaker and one or more witnesses must sign an affidavit (sworn statement) before a notary public certifying that the will is genuine and that all willmaking formalities have been observed.

INTESTATE SUCCESSION

The method by which property is distributed when a person dies without a valid will. Each state's law provides that the property be distributed to the closest s... (more...)

The method by which property is distributed when a person dies without a valid will. Each state's law provides that the property be distributed to the closest surviving relatives. In most states, the surviving spouse, children, parents, siblings, nieces and nephews, and next of kin inherit, in that order.

AUGMENTED ESTATE

In general terms, an augmented estate consists of property owned by both a deceased person and his or her spouse. The concept of the augmented estate is used on... (more...)

In general terms, an augmented estate consists of property owned by both a deceased person and his or her spouse. The concept of the augmented estate is used only in some states. Its value is calculated only if a surviving spouse declines whatever he or she was left by will and instead claims a share of the deceased spouse's estate. (This is called taking against the will.) The amount of this 'statutory share' or 'elective share' depends on state law.

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. ...

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Ocean Gate Wills & Probate Lawyer, New Jersey

Sponsored Law Firm

FREIREICH L.L.C.

SPONSORED LAWYERS

Peter J. Van Dyke

Lauren Murray Dooley

Thomas F Kelaher

Timothy Kelly

Lynne A. Dunn

James M. McKenna

Michael A. Jacobus

Lucian Ulmet

Anne Garner

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LEGAL TERMS

STATUTORY SHARE

PROVING A WILL

CERTIFIED COPY

EXEMPTION TRUST

KINDRED

INVENTORY

SELF-PROVING WILL

INTESTATE SUCCESSION

AUGMENTED ESTATE

SAMPLE LEGAL CASES

In re Probate of Will and Codicil of Macool

Higgins v. Thurber

State v. McCabe

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