The Payment of Child Support When Children Are in College

In almost all cases, one parent pays child support to the other parent after a separation, a divorce or a dissolution. In some of those cases, the child support is paid pursuant to the New Jersey State Child Support Guidelines and in other cases, the child support is calculated by app...

Arbitration: Another Alternative to Divorce Mediation of Litigation

For parties who wish to resolve their divorce outside of Court but cannot reach a settlement on their own or with the assistance of a mediator, arbitration provides a viable alternative. The arbitrator, who is typically an attorney or a former judge, makes either a non-binding or a bi...

The Types of Probate Administration

In the State of New Jersey, probate is handled by the Office of the Surrogate (also known as the Surrogate’s Court) established in each county. Unlike many states, the probate process is very simple. Filing requirements and appearances before probate judges are generally atypical. No...

Taking the First Step: Filing an Estate in Probate Court

CHALLENGING THE WILL AND IMPROPER LIFETIME GIFTS Historically, probate litigation revolved around two primary areas: (1) guardianships and (2) will contests. However, the type and scope of such litigation has increased due to an increasing elderly population. Due to this increase, man...

Special Estate Administration Issues

There are a myriad of issues that can confront an estate upon a Decedent’s death. Any professional who is attempting to assist in the administration of the estate must, at the very least, recognize how to spot these issues and to deal with them. 1. Determining the Continuation of Dece...

Medicaid Planning by New Jersey Guardians

The issue of whether or not guardians can undertake Medicaid planning on behalf of their wards has come to the forefront of New  Jersey probate litigation in the past two decades. Commencing in 1995, many of New  Jersey’s Superior Courts began to recognize and permit guardians to tran...

Establishing Effective Fiduciary Relationships

A frequently contentious area in the elder law arena is the establishment of effective fiduciary relationships. Such relationships are frequently established through powers of attorney, living trusts and other inter vivos documents. Problems frequently arise when writings, establishin...
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