By: Justin M. Smigelsky, Esq.
- The decedent executed a Last Will and Testament directing the executor to pay her “just debts and funeral expenses.”
- The three children of the decedent were intentionally omitted from the Will.
- Despite funeral arrangements having been made by the executor at a funeral home in Union, the decedent’s children wanted a funeral closer to Old Bridge, where the decedent’s family and friends lived.
- The decedent’s son “booked” the funeral with Old Bridge Funeral Home for $30,789.00, and executed a “Payment Policy.”
- The children executed a contract/promissory note to guarantee payment.
- The funeral home filed suit for breach of contract when payment was not made, naming the children, the executor, and the estate as defendants.
- Surviving spouse (unless an active restraining order exists or an intentional killing of the decedent by the surviving spouse has occurred);
- Majority of surviving adult children;
- Surviving parent(s);
- Majority of siblings;
- Other next of kin according to degree of consanguinity; and
- If no known relative, any representative providing written authorization.
Because estate and trust administration and litigation requires specialized knowledge, you may wish to consult with an experienced attorney if you are either a fiduciary or beneficiary of an estate or trust. Specifically, you may wish to contact an attorney if you have questions regarding burial or disinterment of a loved one, the probate process, administration of an estate or trust, fiduciary obligations, preparation of a formal or informal accounting, refunding bonds and releases, and the procedures for filing a formal accounting or exceptions thereto. This article is for information purposes only, and is neither legal advice nor the creation of an attorney client relationship.
Justin M. Smigelsky, Esq. / Timothy J. Little, P.C. – 2017 – All Rights Reserved
Timothy J. Little, P.C. is a full-service law firm with offices in Woodbridge and Chesterfield, New Jersey. Timothy J. Little, P.C. offers specialized legal assistance to individuals, families and businesses throughout New Jersey including Middlesex County (Old Bridge, Woodbridge, Sayreville, East Brunswick, Spotswood, Perth Amboy, Dunellen, Colonia, Sewaren, Iselin, Avenel, Fords, Keasbey, Menlo Park, Port Reading, South Amboy, Monroe Township, Edison, Carteret, Cranbury, Helmetta, South River, Milltown, Highland Park, Jamesburg, Laurence Harbor), Monmouth County (Aberdeen, Matawan, Hazlet, Holmdel, Cliffwood Beach, Keyport, Keansburg, Middletown, Lincroft, Manalapan, Englishtown, Marlboro, Freehold), Union County (Rahway, Elizabeth), Ocean County, Somerset County, and Burlington County. If you have any questions or concerns regarding estate planning, estate administration, or estate litigation, contact the experienced estate attorneys at Timothy J. Little, P.C.
Estate Practice Specialties: Drafting of Wills and Trusts, appointment and removal of fiduciaries, probate procedures, intestacy, fiduciary duties and obligations, fiduciary accountings and exceptions, fiduciary compensation, marshaling of assets, insolvency petitions, will contests and disputes, caveats, the elective share, Power of Attorney abuse, ejectment and eviction, Refunding Bonds and Releases, New Jersey Transfer Inheritance Tax (IT-R), New Jersey Estate Tax (IT-Estate)
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