As an estate and trust attorney who has been practicing for over 20 years, I never lose sight of the difficulty we all face when losing a loved one. Often when I meet a client, sometimes for the very first time, the initial words out of my mouth are “I am so very truly sorry
Estate Administration
Courts Must Apply Relevant Factors When Awarding Counsel Fees in Will Contests
Posted in Estate Administration, Estate Planning
In a recent unpublished opinion, the New Jersey Appellate Division summarized the factors a trial court must consider when awarding attorneys’ fees in Will contests. In Matter of the Estate of Fornaro, 2019 WL 2172791, the decedent executed a Will in 2011 leaving the bulk of his estate to his son. In an earlier…
Considerations in Estate Planning for Bitcoin, Ethereum, and other Crypto-Currencies
By Michael J. Kearney & Joseph B. Doll on
While success in crypto-currency investing is far from assured, death, sadly, is. Accordingly, it is vital that investors in Bitcoin and other crypto-currencies are prepared for the unique estate planning factors that apply to digital assets. The following are five estate planning factors that should be addressed immediately by crypto-currency investors to ensure that their…
New Jersey Enacts Uniform Fiduciary Access to Digital Assets Act
Posted in Estate Administration, Estate Planning
New Jersey recently enacted the Uniform Fiduciary Access to Digital Assets Act (the “Act”). See the Act here. In general, the Act provides executors, trustees, guardians, and power of attorney holders (“fiduciaries”) with the ability to access and control “digital assets” belonging to decedents, beneficiaries and wards. The term “Digital Asset” is broadly defined…