In I/M/O Estate of Randall, 38-4-1372 Ch. Div. Essex County 2/1/11), the Court said a copy of a letter allegedly written by the decedent does not demonstrate sufficient testamentary intent to be probated. However, in this case, there was a handwritten notation in the decedent’s handwriting that, in the context of the letter and the maintenance of keeping it in a safe place, and, as such, the letter and notation could be probated.
The rules for probate changed so that documents other than the original Will may be considered for probate. The key is illustration of testamentary intent by the decedent, including trustworthiness of the document.
Gabrielle L. Strich, Esq.
Call us with more questions at 732-438-3880 or visit our web site at www.strichlaw.com.
Disclaimer: Any and all information contained on this site is for informational purposes, and should not be utilized as a substitute for a full, in-person consultation with a lawyer in your State and familiar with your circumstances. Strich Law Firm, P.C. assumes no responsibility for any information contained on this site, and disclaims all liability in respect of such information. In addition, no part of this site shall be deemed to form any contract between Strich Law Firm, P.C. , and anyone viewing this site.
--Tagged under: estate--
--Tagged under: estat--
--Tagged under: estate planning--
--Tagged under: probate--
--Tagged under: probate--
--Tagged under: copy of will--
--Tagged under: testamentary intent--
--Tagged under: no original will--
A person who has been appointed as Guardian of the Estate of a person adjudged incompetent has a fiduciary duty to properly manage the ward’s assets.
Pursuant to N.J.S.A. 3B:12-43, a Guardian of the Estate of an incapacitated person “may expend or distribute so much or all of the income or principal of his ward for the support, maintenance, education, general use and benefit of the ward and his dependents, in the manner, at the time or times and to the extent that the guardian, in an exercise of a reasonable discretion, deems suitable and proper”. See also N.J.S.A. 3B:12-45. Obviously, then, the Guardian would be entitled to use the ward’s funds towards the ward’s housing, dietary, clothing, medical, and other reasonable needs.
<!—[endif]—>
Moreover, “the guardian of the ward’s person is entitled to receive reasonable reimbursement and fees for his services and for room and board furnished to the ward, provided the same has been agreed upon between the guardian of the person and the guardian of the estate”. The amounts agreed upon must be “reasonable under the circumstances” N.J.S.A. 3B:12-41. The guardian of the person also has a duty to account to the estate for any funds received by the guardian of the person “in excess” of those funds expended to meet current expenses for the “care, support, and education” of the ward. See N.J.S.A. 3:B12-40.
<!—[endif]—>
If the Guardian misuses his or her powers by personally appropriating the ward’s funds, the Guardian may be personally liable to the Estate and other interested persons for damages arising from such misuse of power. See N.J.S.A. 3B:14-35. In a similar vein, a fiduciary will be individually liable on any and all contracts entered into in the course of the administration of the estate if he or she “fails to reveal [the] fiduciary capacity and identify the estate in the contract”. See N.J.S.A. 3B:14-31.
--Tagged under: 7324383880--
--Tagged under: Amy Stutzke--
--Tagged under: Brad L. Orban--
--Tagged under: Gabrielle L. Strich--
--Tagged under: NJ Elder Law--
--Tagged under: NJ Estate Planning--
--Tagged under: NJ Family Law--
--Tagged under: NJ Law--
--Tagged under: New Jersey Elder Law--
--Tagged under: New Jersey Estate Attorney--
--Tagged under: New Jersey Estate Planning--
--Tagged under: New Jersey Law--
--Tagged under: New Jersey Probate Attorney--
--Tagged under: Strich Law Firm--
--Tagged under: strich Law--
--Tagged under: estate--
--Tagged under: estate planning--
