Bayville Wills & Probate Lawyer, New Jersey

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Jay Freireich
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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

Timothy Kelly

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

Status: In Good Standing Licensed: 23 Years

FREE CONSULTATION

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30 Main Street, Toms River, NJ 08753

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

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110-A Commons Way, Toms River, NJ 08754

800-923-0641

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LEGAL TERMS

REMAINDERMAN

Someone who will inherit property in the future. For instance, if someone dies and leaves his home 'to Alma for life, and then to Barry,' Barry is a remainderma... (more...)

Someone who will inherit property in the future. For instance, if someone dies and leaves his home 'to Alma for life, and then to Barry,' Barry is a remainderman because he will inherit the home in the future, after Alma dies.

SURROGATE COURT

See probate court.

FAMILY ALLOWANCE

A certain amount of a deceased person's money to which immediate family members are entitled at the beginning of the probate process. The allowance is meant to ... (more...)

A certain amount of a deceased person's money to which immediate family members are entitled at the beginning of the probate process. The allowance is meant to help support the surviving spouse and children during the time it takes to probate the estate. The amount is determined by state law and varies greatly from state to state.

IRREVOCABLE TRUST

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

RULE AGAINST PERPETUITIES

An exceedingly complex legal doctrine that limits the amount of time that property can be controlled after death by a person's instructions in a will. For examp... (more...)

An exceedingly complex legal doctrine that limits the amount of time that property can be controlled after death by a person's instructions in a will. For example, a person would not be allowed to leave property to her husband for his life, then to her children for their lives, then to her grandchildren. The gift would potentially go to the grandchildren at a point too remote in time.

INTER VIVOS TRUST

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

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

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.

ADEMPTION

The failure of a bequest of property in a will. The gift fails (is 'adeemed') because the person who made the will no longer owns the property when he or she di... (more...)

The failure of a bequest of property in a will. The gift fails (is 'adeemed') because the person who made the will no longer owns the property when he or she dies. Often this happens because the property has been sold, destroyed or given away to someone other than the beneficiary named in the will. A bequest may also be adeemed when the will maker, while still living, gives the property to the intended beneficiary (called 'ademption by satisfaction'). When a bequest is adeemed, the beneficiary named in the will is out of luck; he or she doesn't get cash or a different item of property to replace the one that was described in the will. For example, Mark writes in his will, 'I leave to Rob the family vehicle,' but then trades in his car in for a jet ski. When Mark dies, Rob will receive nothing. Frustrated beneficiaries may challenge an ademption in court, especially if the property was not clearly identified in the first place.

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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Bayville Wills & Probate Lawyer, New Jersey

Sponsored Law Firm

FREIREICH L.L.C.

SPONSORED LAWYERS

Timothy Kelly

Michael A. Jacobus

Lucian Ulmet

Anne Garner

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LEGAL TERMS

REMAINDERMAN

SURROGATE COURT

FAMILY ALLOWANCE

IRREVOCABLE TRUST

RULE AGAINST PERPETUITIES

INTER VIVOS TRUST

SPECIAL ADMINISTRATOR

AUGMENTED ESTATE

ADEMPTION

SAMPLE LEGAL CASES

In re Probate of Will and Codicil of Macool

Higgins v. Thurber

State v. McCabe

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