- Divorce
- Premarital AgreementIn New Jersey and most other states, a last will and testament will be subject to an automatic partial revocation upon a later marriage after the execution of the will. The new spouse may then be entitled to an intestate share, regardless of the terms of the will. There may also be elective share issues. This situation may necessitate a prenuptial agreement in order to fulfill the estate planning wishes of both spouses.
- GuardianshipA guardianship for an adult may be granted by the Superior Court of New Jersey when a person's condition is such that the person is unable to effectively manage his or her affairs. The Court will then issue a judgment determining that such person is incapacitated, and will appoint a guardian.
- Estate PlanningA person who is in the process of obtaining a divorce will commonly leave in place the same estate planning documents executed prior to contemplating divorce. This often means that the estranged spouse will receive all the probate and non-probate assets in the event of death prior to the entry of a final judgment of divorce.
- WillsIn New Jersey, the difference between an executor and an administrator is how they come to undertake the responsibility. An executor is appointed under the terms of the last will and testament. An administrator is appointed by the surrogate or by the Court when the decedent does not leave a last will and testament, or did not appoint a executor who is able and willing to serve.
- Trusts3. No Tax Savings. The use of a living trust does not save on any taxes. The federal estate tax laws (and the inheritance or estate tax laws of most states), provide that any assets over which a person has the right to revoke and claim as their own (such as in a revocable trust) are includible in the gross taxable estate even if no will is ever probated.
- Power of AttorneyOnce a person is disabled, a power of attorney can not be signed to appoint another person to manage business and financial affairs, because the disabled person does not even have the ability to knowingly execute the power of attorney document. However, a power of attorney document which was signed prior to the disability will be effective to allow someone else to manage business and financial affairs, so long as the document contains a statement saying "This Power of Attorney shall be effective regardless of any disability I may suffer in the future", or similarly.
- Probate
- Tax Law