2010 Update on Wills, Probate and Estate Administration.mov

2010 update Wills and Estate Planning The new Probate Law and court decisions made a number of substantial changes in Probate and the administration of estates and trusts in New Jersey. 1. Recent cases & suspicious circumstances Preparation of Wills When there is a confidential relationship coupled with suspicious circumstances, undue influence is presumed and the burden of proof shifts to the Will proponent to overcome the presumption. If there is undue influence in making of Will and transfer by Deed of a house by persons in Confidential relationship, this could subject those persons to punitive damages in some instances, plus voiding of the Will. In the Matter of the Estate of Madeleine Stockdale, Deceased __ NJ __ (2008 )(A-121-06) 2.Almost Wills. The law expands situations where writings that are intended as Wills would be allowed, but requires that the burden of proof on the proponent would be by clear and convincing evidence. Possibly a Christmas card with handwritten notes could be presented as a Will or Codicil. To present a non formal Will or writing requires an expensive Complaint and Order to Show Cause to be filed in the Superior Court, and a hearing in front of a Superior Court Judge. Be careful, have a Will done properly by an experienced attorney. 3. The recommendation for Self- Proving Wills An old New Jersey Probate law required one of the two witnesses to a Will to travel and appear in the Surrogates office and sign an affidavit to certify they were a witness. This often created problems when the witness was deceased, moved away, or simply could not be located.