Lavallette 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

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

800-923-0641

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LEGAL TERMS

SUMMARY PROBATE

A relatively simple probate proceeding available for 'small estates,' as that term is defined by state law. Every state's definition is different, and many are ... (more...)

A relatively simple probate proceeding available for 'small estates,' as that term is defined by state law. Every state's definition is different, and many are complicated, but a few examples include estates worth up to $100,000 in California; New York estates where property, excluding real estate and amounts that must be set aside for surviving family members, is worth $20,000 or less; and Texas estates where the value of property doesn't exceed what is needed to pay a family allowance and certain creditors.

WILL

A document in which you specify what is to be done with your property when you die and name your executor. You can also use your will to name a guardian for you... (more...)

A document in which you specify what is to be done with your property when you die and name your executor. You can also use your will to name a guardian for your young children.

DISCHARGE (OF PROBATE ADMINISTRATOR)

A court order releasing the administrator or executor from any further duties connected with the probate of an estate. This typically occurs when the duties hav... (more...)

A court order releasing the administrator or executor from any further duties connected with the probate of an estate. This typically occurs when the duties have been completed but may happen sooner if the executor or administrator wishes to withdraw or is dismissed.

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.

LIFE BENEFICIARY

A person who receives benefits, under a trust or by will, for his or her lifetime. For an example, see AB trust.

CERTIFICATION OF TRUST

See abstract of trust.

POWER OF APPOINTMENT

The legal authority to decide who will receive someone else's property, usually property held in a trust. Most trustees can distribute the income from a trust o... (more...)

The legal authority to decide who will receive someone else's property, usually property held in a trust. Most trustees can distribute the income from a trust only according to the terms of the trust, but a trustee with a power of appointment can choose the beneficiaries, sometimes from a list of candidates specified by the grantor. For example, Karin creates a trust with power of appointment to benefit either the local art museum, symphony, library or park, depending on the trustee's assessment of need.

SURROGATE COURT

See probate court.

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.

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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Lavallette Wills & Probate Lawyer, New Jersey

Sponsored Law Firm

FREIREICH L.L.C.

SPONSORED LAWYERS

Peter J. Van Dyke

Lauren Murray Dooley

Thomas F Kelaher

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LEGAL TERMS

SUMMARY PROBATE

WILL

DISCHARGE (OF PROBATE ADMINISTRATOR)

ADEMPTION

LIFE BENEFICIARY

CERTIFICATION OF TRUST

POWER OF APPOINTMENT

SURROGATE COURT

PROVING A WILL

SAMPLE LEGAL CASES

In re Probate of Will and Codicil of Macool

Higgins v. Thurber

State v. McCabe

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