Recent Articles

Anna Nicole Smith

Barry A. Knopf
February 27, 2007 16:29

No one should confuse the circus that is happening in Florida in the probate matter involving Anna Nicole Smith as a normal proceeding.  True the matter is being heard in a probate court.  But that virtually ends the similarity to...

Accountings (as per the Rules)

Barry A. Knopf
February 09, 2007 16:41

Actions to settle up an estate and receive approval for the manner in which the estate has been administered and divided are accounting actions. Rule 4:87 provides the rules for such an action and will be discussed in greater detail...

Method of Proceeding (Rules again)

Barry A. Knopf
February 06, 2007 16:32

Rule 4:83 provides that all action within the Probate Part of the Chancery Division shall be brought pursuant to Rule 4:67 in a summary manner by the filing of a complaint and issuance of an order to show cause.  The...

Contested Probate Matters (yet another Rule)

Barry A. Knopf
February 02, 2007 16:25

Unless authorized by the Superior Court, the Surrogates Court cannot act in any matter in which: a caveat has been filed with the court before entry of judgment; a doubt arises on the face of the will or it has been...

Notice of Probate (more Rules)

Barry A. Knopf
January 29, 2007 16:12

After a will has been probated the person so appointed shall mail to all beneficiaries and to all persons designated by Rule 4:80-1(a)(3) a notice that the will has been probated, the place and date of probate, the name and...

Renunciation by Next of Kin (Rules, continued)

Barry A. Knopf
January 25, 2007 15:46

Every last will and Testament will have a person(s) appointed to administer the estate.  That person is called an executor or executrix if the deceased died estate (with a will) or administrator (if the deceased died without a will).  In...

Court Rules Governing Probate

Barry A. Knopf
January 22, 2007 15:12

All actions filed in the courts in New Jersey are controlled procedurally by The Rules Governing the Courts of the State of New Jersey.  These rules are promulgated by the Supreme Court of New Jersey and are semi-annually updated as...

Reasons for Contesting the Probate of a Last Will and Testament

Barry A. Knopf
January 17, 2007 14:59

There are probably as many reasons for contesting the probate of a will as there are contested actions.  The usual trigger is often anger at the terms of the will, being left out of an estate plan, a new will...

Collisions between "Family Law" and Probate Courts

Barry A. Knopf
January 12, 2007 13:56

Probate courts will sometimes have to take a back seat to family law courts and the rules and the precedents of those courts when the deceased dies while still involved in a divorce or other family law action.  In Kingsdorf...

Changing the Domicile of an Incapacitated Person

Barry A. Knopf
January 09, 2007 21:56

When a person is incapacitated, may a court-appointed guardian change the residency and domicile location for the incapacitated from one jurisdiction to another?  This precise issue has been discussed in New Jersey in the case of Matter of Marguerite Seyse,...