Executor misconduct can create significant delays and financial losses in New Jersey probate cases. Learn about common signs of executor misconduct, legal options for removal, and steps to protect an estate.

Business tax liens in New Jersey can create serious financial and legal challenges for companies. Learn how to prevent tax liens and explore effective resolution strategies to protect your business.

Filing for Chapter 7 bankruptcy in New Jersey requires passing the means test. Learn what the means test is, how it works, and whether you qualify for debt relief under Chapter 7.

Traversing the complexities of estate planning can be daunting, especially when it comes to contesting a will. In New Jersey, as in many states, there are specific legal grounds and time limits that must be adhered to if you wish to challenge the validity of a loved one's will. Attorney Jonathan Stone provides guidance and support for those who find themselves questioning the fairness or authenticity of a will. Whether due to suspected undue influence or issues with mental capacity, understanding your rights and responsibilities under New Jersey law is crucial. This blog aims to illuminate the key aspects of contesting a will in New Jersey so that you can make informed decisions during what is often an emotionally charged time. Timeliness for Contesting When dealing with the aftermath of a loved one’s passing, discovering that their will does not align with their expressed wishes can be both confusing and upsetting. In New Jersey, if you believe that a will should not stand as written, you have the right to challenge it in probate court. However, it's vital to act promptly due to stringent time limits imposed by state law. Generally, you have four months from when the will is admitted into probate to file your contestation; this period extends to six months for individuals residing outside of New Jersey. Understanding these deadlines is essential because missing them could result in losing your ability to contest altogether. Undue Influence One common ground for challenging a will is undue influence, which occurs when someone uses excessive persuasion or authority over the testator (the person who made the will) at the time it was created. Proving undue influence requires demonstrating that the influencer had both motive and opportunity and took advantage of their relationship with the testator to alter decisions regarding inheritance unfairly. Evidence may include sudden changes in beneficiary designations or significant alterations favoring non-family members without reasonable explanation. Lack of Testamentary Capacity Another frequent reason for contesting a will is lack of testamentary capacity—meaning that at its signing, the testator did not fully understand what they were doing due to mental impairment or illness. To establish a lack of capacity under New Jersey law, it must be shown that at the time of making their will, they were unable to comprehend its nature and consequences or recall pertinent information about family members who would naturally inherit assets if no valid will existed. Fraud Fraud also serves as valid grounds for disputing a will’s legitimacy. If someone tricked or deceived your loved one into changing their estate plan—for instance by misrepresenting facts or coercing them into signing documents under false pretenses—a court may deem those actions fraudulent upon review during litigation procedures led by experienced attorneys like Jonathan Stone who is seasoned in such matters. Improper Execution Improper execution of a document can lead to its invalidation, particularly if the protocols outlined in New Jersey statutes were not followed during its creation. This includes issues such as insufficient witness signatures, where typically two are required, or errors in the notarization process that are meant to ensure legality. Such issues can arise in cases involving handwritten amendments, known as codicils, which were not properly incorporated according to statutory guidelines for revising existing wills. This is especially relevant in Garden State jurisdictions where these disputes frequently occur. Confronting the task of contesting a will in New Jersey can be a formidable challenge, yet understanding the legal grounds and acting within designated timeframes is key to a successful pursuit. Whether dealing with undue influence, lack of testamentary capacity, fraud, or improper execution, each case demands careful documentation and argumentation. It's imperative for individuals considering contesting a will to seek legal advice from professionals with experience and insight into New Jersey probate law, like Jonathan Stone, who can offer strategic guidance and support. By gaining a comprehensive understanding of the process and the laws governing these disputes, you position yourself to make informed decisions, safeguarding both your interests and the legacy of your loved one.

Running your own business in New Jersey can be as rewarding as it is challenging. For the self-employed, the stakes are often higher because personal finances and business finances are so tightly intertwined. When financial troubles arise, they can feel insurmountable. If you’re a self-employed resident of the Garden State considering bankruptcy, Chapter 13 might just be the lifeline your business needs to stay afloat. In this blog, we’ll explore how Chapter 13 bankruptcy can provide vital support for your entrepreneurial journey, helping you keep your dreams alive while managing your debts effectively. Ch. 13 Bankruptcy Chapter 13 bankruptcy, often referred to as a “wage earner’s plan,” allows individuals with regular income to develop a plan to repay all or part of their debts over three to five years. This type of bankruptcy is particularly beneficial for self-employed individuals in New Jersey who find themselves grappling with overwhelming debt but still have a steady income stream from their businesses. Unlike Chapter 7 bankruptcy, which may require liquidating assets to pay off creditors, Chapter 13 allows you to maintain ownership of your assets and continue operating your business while paying back debts according to an agreed-upon schedule. Automatic Stay Advantage One of the key advantages that Chapter 13 offers for self-employed individuals is the automatic stay provision. From the moment you file for bankruptcy under Chapter 13, an automatic stay goes into effect. This legal injunction stops creditors from harassing you with phone calls, lawsuits, wage garnishments, and other collection actions. It provides some much-needed breathing room so that you can focus on restructuring your debt rather than constantly fighting fires on multiple fronts. Handling Secured Debts Chapter 13 offers a unique opportunity for those struggling with secured debts such as mortgages or vehicle loans—crucially important if these assets are necessary for running your business. Through its reorganization plan, Chapter 13 allows you not only to catch up on delinquent payments over time but also potentially modify loan terms under certain circumstances. This could mean reduced interest rates or extended payment periods that make managing cash flow more feasible for small business owners. Super-Discharge Another significant benefit is the ability to prioritize certain types of expenses through what’s called "super-discharge." While not all debts are dischargeable under Chapter 13 (such as student loans), it does allow more flexibility in handling some non-dischargeable debts compared to other forms of bankruptcy protection like Chapter 7. For example, if taxes are weighing heavily on your shoulders—a common concern among New Jersey's self-employed—you might find relief by structuring tax repayment within the framework of a Chapter 13 plan. Seeking Guidance Of course, navigating any form of bankruptcy requires careful consideration and professional guidance. Working closely with an experienced bankruptcy attorney like Jonathan Stone can be instrumental in crafting a repayment strategy tailored specifically to suit both personal and business needs. A skilled attorney will help ensure that all necessary documentation is prepared accurately and submitted promptly while advocating on behalf of clients during court proceedings or negotiations with creditors. For self-employed entrepreneurs in New Jersey facing economic hurdles due to mounting debt burdens, filing for Chapter 13 could present an opportunity not just for survival but revitalization too—enabling them once again to pursue passion-driven ventures without fear looming overhead constantly threatening! With strategic planning assistance provided by seasoned professionals such as Jonathan Stone alongside unwavering determination and resilience inherent within each individual embarking upon this path towards financial recovery, brighter horizons await beyond temporary setbacks encountered along the way toward achieving long-term success and stability.

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