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| NJ Will Contest Attorney
IS YOUR FAMILY FIGHTING OVER
A WILL? ARE ACCUSATIONS BEING MADE OF FRAUD, UNDUE INFLUENCE, LACK OF MENTAL COMPETENCY IN THE MAKING OF A WILL? YOU MAY BE EMBARRASSED TO SAY "YES", BUT THE TRUTH IS YOU'RE NOT ALONE. WE UNDERSTAND.
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When You Need an Attorney to
Review a Will and Explain its
Provisions to You in Simple English
When Your Rights as a Beneficiary
or an Executor Under a Will are
Being Threatened
Hanlon Niemann Can Help You
as an Executor or Beneficiary
CONTACT ME TODAY
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Fredrick P. Niemann, Esq.
NJ Will Contests Attorney
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WILL CONTESTS: CAN YOU CONTEST A WILL IN NJ?
A Suspicious Will Often Means It's a Problem Will: Protect
Your Interests
It's an old tale. Ever since the ancient laws of primogeniture (eldest son gets it all) were swept away by the personal right to make a will, heirs and others will object to even the best made wills and trusts. Conflicts can arise before or during the probate of an estate, leading up to a will contest.
Maybe you are a beneficiary who feels they are getting the runaround from an executor, trustee or personal representative. You feel like the estate representatives aren’t answering your calls, your letters, or haven’t sent you the money you were promised, and are entitled to.
The fact that a person leaves a will does not guarantee that property will be distributed according to the expressed terms in the will. A court generally must provide an opportunity to allow others to object to the will, and a challenge may be brought by anyone who feels the will is inaccurate or invalid in some way. These types of cases are often difficult and emotionally charged, so it is important to find an attorney with whom you feel comfortable and who is knowledgeable about such proceedings.
At Hanlon Niemann, we have experience in litigating tough family disputes. We are trusted and experienced will contest trial attorneys throughout NJ with an extensive background in probate law and litigation. In any dispute, we first try to mediate the disagreement in a practical and responsible way, preferring mediation and conciliation where possible consistent with our client’s rights, goals and instructions.
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Can’t travel to our office?
Located out of state?
No problem. You can still speak to Fredrick P. Niemann
face-to-face from the convenience of your home or office.
To learn more, click here.
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VALIDITY OF THE WILL OR TRUST
Everyone has the right to dispose of his or her property as they wish, without consideration for the wishes or opinions of family, friends or anyone else. It is possible, however, to set aside a will or trust. A person contesting an estate plan must prove that at the time it was signed, the deceased lacked the requisite mental capacity, or that the will was procured as the result of undue influence, fraud or duress. Also, some wills or trusts are invalid because they were not properly executed. For example, wills must be signed before two witnesses, except for holographic wills written in the hand of the testator (a testator is the person whose will it is). If the witnesses signed the will after the fact and did not actually see the decedent sign the will, then the will may be thrown out as invalid.
When that happens, if there is a valid prior will or trust, the court will go back to the earlier document and distribute the decedent’s assets in the manner it provides. If there is no valid prior will or trust, then the decedent’s estate will pass through probate as if he or she died without a will at all.
Be advised that many wills and trusts have "no contest” clauses that are designed to discourage contests. This means that if you are an heir and you contest the validity of a will and you lose, then you may be disinherited by operation of the no-contest clause. These provisions of a will are often times not enforced by courts but the final outcome depends on the facts of each case.
WILL AND TRUST CONTESTS IN NEW JERSEY
Frequently, heirs object to even the best made wills and trusts and conflicts can arise before or during the administration of an estate or a trust. There are many types of disputes that can arise.
A New Jersey Probate Trial Lawyer Handles Will Contest Cases
Will contests are difficult and emotionally charged, so it's important to find an attorney with whom you feel comfortable and who is knowledgeable about such proceedings. The will contest trial attorneys with Fredrick P. Niemann and Hanlon Niemann are just the attorneys you need.
Our attorneys litigate tough family disputes. We're experienced trial attorneys with an extensive background in probate law and litigation.
Please see our other related websites:
If you are the executor of an estate or trustee of a NJ trust under attack by beneficiaries or omitted beneficiaries, or if you are a beneficiary or omitted beneficiary of a deceased family member and believe that the Last Will & Testament or trust was changed because of undue influence, fraud, the deceit of another (or others) or the lack of competency at the time of its signature, then contact Fredrick P. Niemann, Esq. today, toll-free at (855) 376-5291 or email him at fniemann@hnlawfirm.com.
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OFFICE OF CONTINUING EDUCATION WORKSHOPS
Rutgers State University is pleased to invite Mr. Fred Niemann of Hanlon Niemann to be the guest speaker at their workshops for the Office of Continuing Education.
Mr. Niemann will offer continuing Education courses on "Elder Abuse and Financial Exploitation", "Hidden Secrets of Veterans Benefits", "Veterans Aid and Attendance Benefits 2013", "Medicaid Changes: The Approaching Storm", and the "New NJ Comprehensive Waiver Demonstration". Click here to check our website for current dates for these events.
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Fredrick P. Niemann, Esq. was recently asked to speak at the NJ State Bar Association Institute of Continuing Legal Education in New Brunswick, NJ on the essentials of estate planning.
Mr. Niemann addressed attorneys from throughout the state of NJ interested in learning key concepts and principals of NJ estate planning, including such topics as wills, trusts, estate taxations, asset protection, powers of attorney, health care directives, special needs and supplemental needs trusts for disabled and incapacitated individuals, avoiding probate through creative use of beneficiary planning, inheritance taxes, gifting and changes coming to federal estate taxation.
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Fredrick P. Niemann, Esq. was invited by the Office of Elder Rights and Adult Protective Services of the Department of Health and Senior Services, Division of Aging and Community Services, to make comments on existing Adult Protective Services Programs on August 25, 2010 at the State Capitol located in Trenton, New Jersey.
On March 6th, Fredrick P. Niemann, Esq. addressed the Monmouth County NJ Bar Association Family Law Committee on Special Needs Trusts, Supplemental Needs Trusts for adult and minor incapacitated children and aged parents and their use in asset planning and eligibility for government benefit programs, including Medicaid, SSI and SSD.
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NJ wills attorney serving these New Jersey Counties:
Monmouth County, Ocean County, Essex County, Cape May County, Mercer
County, Middlesex County, Bergen County, Morris County, Burlington County,
Union County, Somerset County, Hudson County, Passaic County
New Jersey Wills Attorney | Wills in New Jersey | The Use of a Will
for Estate Planning in New Jersey
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Hanlon Niemann
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3499 Route 9 North, Suite 1F, Freehold, NJ | Toll Free: (855) 376-5291 | (732) 863-9900
© Copyright 2013. All rights reserved.
Freehold, Red Bank, Wall, Long Branch, Marlboro, Manalapan, Howell, Jackson, Brick Township, Holmdel, Middletown, Atlantic Highlands, Aberdeen, Toms River, Manahawkin, East Brunswick, Monroe Township, Cranbury, Lyndhurst, Teaneck, Hamilton, Robbinsville, Millstone, Manasquan, Lakewood, Eatontown, West Long Branch, Tinton Falls, Ocean Township, Neptune, Spring Lake
NJ Will Contests Attorney
COPYRIGHT
Copyright © 2013 Hanlon Niemann, P.C. All rights reserved. All information presented in this website is copyrighted by Hanlon Niemann, P.C., or other individuals or entities as designated. Any republication, retransmission, reproduction, downloading, storing or distribution of all or part of any materials found in this publication is expressly prohibited.
NO REPRESENTATIONS
This material may contain technical or typographical errors. Hanlon Niemann does not guarantee its accuracy or completeness or suitability. IN NO EVENT SHALL HANLON NIEMANN BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES RELATING TO THIS MATERIAL, FOR ANY USE OF THIS PUBLICATION. Hanlon Niemann takes no responsibility and makes no warranty whatsoever for the content or information contained herein.
Information on this website has been prepared for general information. It is not meant to provide legal advice with respect to any specific matter and should not be acted upon without professional counsel.
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