Toms River Wills & Probate Lawyer, New Jersey

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Includes: Estate Administration, Living Wills, Wills

Peter J. Van Dyke

Wills, Wills & Probate, Trusts, Personal Injury
Status:  In Good Standing           

Lauren Murray Dooley

Condominiums, Discrimination, Estate Administration, Landlord-Tenant
Status:  In Good Standing           

Thomas F Kelaher

Wills, Wills & Probate, Trusts, Personal Injury
Status:  In Good Standing           

Timothy Kelly

Elder Law, Wills & Probate, Medicare & Medicaid, Nursing Home
Status:  In Good Standing           Licensed:  23 Years

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Lynne A. Dunn

Motor Vehicle, Living Wills, Property Damage, Personal Injury
Status:  In Good Standing           Licensed:  31 Years

Laura M. Halm

Wills & Probate, Estate Planning, Guardianships & Conservatorships, Adoption
Status:  In Good Standing           Licensed:  25 Years

Michael A. Jacobus

Health Care, Wills & Probate, Corporate, Medical Malpractice
Status:  In Good Standing           Licensed:  26 Years

James M. McKenna

Real Estate, Wills & Probate, Estate Planning, Family Law
Status:  In Good Standing           Licensed:  43 Years

Jeffrey J. McWeeney

Wills & Probate, Estate Planning, Adoption, Elder Law
Status:  In Good Standing           

Anne Garner

Real Estate, Wills & Probate, Estate, Family Law
Status:  Retired           

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Free Help: Use This Form or Call 800-943-8690

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LEGAL TERMS

HEIR APPARENT

One who expects to be receive property from the estate of a family member, as long as she outlives that person.

INTESTATE

The condition of dying without a valid will. The probate court appoints an administrator to distribute the deceased person's property according to state law.

DISTRIBUTEE

(1) Anyone who receives something. Usually, the term refers to someone who inherits a deceased person's property. If the deceased person dies without a will (ca... (more...)
(1) Anyone who receives something. Usually, the term refers to someone who inherits a deceased person's property. If the deceased person dies without a will (called intestate), state law determines what each distributee will receive. Also called a beneficiary.

DEVISEE

A person or entity who inherits real estate under the terms of a will.

AB TRUST

A trust that allows couples to reduce or avoid estate taxes. Each spouse puts his or her property in an AB trust. When the first spouse dies, his or her half of... (more...)
A trust that allows couples to reduce or avoid estate taxes. Each spouse puts his or her property in an AB trust. When the first spouse dies, his or her half of the property goes to the beneficiaries named in the trust -- commonly, the grown children of the couple -- with the crucial condition that the surviving spouse has the right to use the property for life and is entitled to any income it generates. The surviving spouse may even be allowed to spend principal in certain circumstances. When the surviving spouse dies, the property passes to the trust beneficiaries. It is not considered part of the second spouse's estate for estate tax purposes. Using this kind of trust keeps the second spouse's taxable estate half the size it would be if the property were left directly to the spouse. This type of trust is also known as a bypass or credit shelter trust.

SPRINKLING TRUST

A trust that gives the person managing it (the trustee) the discretion to disburse its funds among the beneficiaries in any way he or she sees fit.

FINAL BENEFICIARY

The person or institution designated to receive trust property upon the death of a life beneficiary. For example, Jim creates a trust through which his wife Jan... (more...)
The person or institution designated to receive trust property upon the death of a life beneficiary. For example, Jim creates a trust through which his wife Jane receives income for the duration of her life. Their daughter, the final beneficiary, receives the trust principal after Jane's death.

PROPERTY CONTROL TRUST

Any trust that imposes limits or controls over the rights of trust beneficiaries. These trusts include (1) special needs trusts designed to assist people who ha... (more...)
Any trust that imposes limits or controls over the rights of trust beneficiaries. These trusts include (1) special needs trusts designed to assist people who have special physical, emotional or other requirements, (2) spendthrift trusts designed to prevent a beneficiary from wasting the trust principal; and (3) sprinkling trusts that allow the trustee to decide how to distribute trust income or principal among the beneficiaries.

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. ...