Protecting Estate Rights When Wills, Prenups and Divorce Converge

November 6, 2024

A comprehensive guide to estate planning and prenuptial agreements in New Jersey. Learn how these legal tools interact, especially concerning divorce and death. When planning a life together, couples consider their financial and personal resources when facing significant life events. Though no one plans for divorce or death when they draft a prenuptial agreement or a will, both of those life events will trigger legal questions about the validity and effect of those documents. Understanding the roles of these legal […]

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Revamping Your Estate: What Divorced Parents with Kids in New Jersey Should Know

October 21, 2024

The Importance of Taking Control of Your Estate Plan when Getting Divorced with Children On the long list of concerns that you may have when going through a divorce, revisiting your estate plan might not be at the top. However, while many divorcing couples with children focus on asset division, custody and visitation, and child support, divorce has a significant impact on your estate plan and failing to make the necessary changes can result in unintended consequences. Making sure that […]

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Outlining Domestic Partnership Regulations in New Jersey

October 20, 2023

Breaking Down Procedures, Qualifications, and Obligations of Domestic Partnerships in Passaic County, New Jersey When it comes to marriage and long-term, committed relationships, our societal normal and attitudes have shifted and evolved in recent years to include more diverse family structures. Legal recognition for diverse family relationships was, by many accounts, slow to arrive. Today, New Jersey law protects committed, domestic relationships, including LGBTQ+ relationships, couples who opt out of traditional marriage, and blended families in various ways. Domestic partnerships […]

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The Role of Constructive Trusts in Family Law Matters

September 29, 2023

Constructive Trusts as a Way to Secure Family Law Financial Obligations Such as Child Support or Alimony in Wayne, Clifton, Woodland Park, Montclair, West Orange, and New Jersey A constructive trust, or Callahan trust, is a court-created legal construct requiring one who holds property through unjust or illegal means, such as theft, fraud, or mistake, to maintain it until it is returned to its rightful owner. It is not an actual trust with a trustee but a legal fiction to […]

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Is It a Good Idea to Change My Will During a Divorce?

April 10, 2023

Divorce Can be a Stressful Time, But It Can Also Provide a Valuable Opportunity to Reassess the Specifics of Your Estate Plan. It is against public policy in the State of New Jersey to disinherit your spouse or ensure that your spouse does not inherit any portion of what you leave behind after you die. Even while your divorce is pending, it is still impossible to change your will in order to protect your estate from your soon-to-be former spouse […]

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