Insight Articles

Who Gets an Inheritance if a Beneficiary Dies Without a Contingent Beneficiary in New York and New Jersey?
The Chamberlain Law Firm

Estate planning can be complex, especially when it comes to beneficiary designations. Many people overlook what happens when a named beneficiary dies before them and they have not listed a contingent beneficiary. In that situation, the outcome depends on state laws, particularly in New York and New Jersey, where specific regulations govern the distribution of…

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Protecting an Estate from Creditor Claims During Probate in New York
The Chamberlain Law Firm

When someone passes away in New York, their estate often enters probate, a court-supervised process that validates the will, settles debts, and distributes assets to beneficiaries. During this vulnerable period, estates can be subject to creditor claims that diminish inheritances and frustrate the deceased’s wishes. Protecting an estate from creditor claims requires understanding New York’s…

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How to Contest a Will in New York: Legal Grounds, Process & Deadlines
The Chamberlain Law Firm

Contesting a will in New York can be a complex and emotionally challenging process. Whether you believe the deceased’s will does not reflect their true intentions, someone created it under suspicious circumstances, or the document does not meet legal requirements, understanding how to challenge it properly is crucial. This guide walks you through the legal…

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A Guide to Estate Planning in New Jersey: 4 Essential and 4 Optional Documents You Should Know About
The Chamberlain Law Firm

Estate planning is a crucial step for New Jersey residents who want to protect their assets, provide for loved ones, and ensure their wishes are honored after they pass away. Without proper documentation, your estate could face lengthy probate proceedings, unnecessary taxes, and distribution according to state law rather than your preferences. This guide examines…

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Planning for Incapacity in New York: How Estate Planning Protects Elderly Individuals and Their Families
The Chamberlain Law Firm

As we age, the possibility of becoming unable to make our own decisions becomes a reality that many New Yorkers must face. Planning for incapacity isn’t just about preparing for the worst; it’s about maintaining control over your life, protecting your assets, and sparing your loved ones from difficult decisions during already challenging times. Without…

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Fiduciary Duties in New Jersey: Understanding Your Legal Responsibilities
The Chamberlain Law Firm

Understanding fiduciary duties in New Jersey is essential for anyone involved in estate planning, whether as an executor, trustee, or attorney-in-fact. These fiduciaries are legally and ethically required to act in the best interests of the estate and its beneficiaries, ensuring that assets are managed responsibly and wishes are carried out faithfully. Whether you are…

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Jimmy Buffett Estate Lawsuit Explained: Co-Trustee Disputes and Lessons for Estate Planning
The Chamberlain Law Firm

A recent case has made estate planning disputes more visible. The $275 million Jimmy Buffett estate lawsuit is currently at the center of a legal dispute. It involves his widow, Jane Buffett, and co-trustee Richard Mozenter, regarding the management of the estate. This case shows the challenges of managing large estates. It also shows how…

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Estate Litigation 101: What You Need to Know
The Chamberlain Law Firm

Estate litigation involves legal disputes that arise during the distribution of a deceased person’s assets. These conflicts often involve family members with competing interests, which makes them emotionally charged and legally complex. Understanding the fundamentals of estate litigation can help you navigate these challenging situations and protect your rights when disputes arise over wills, trusts,…

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How Medicaid Can Help You Protect Assets from High Long-Term Care Costs
The Chamberlain Law Firm

Planning for long-term care is a critical aspect of financial security, especially as healthcare costs continue to rise. Many Americans face the challenge of protecting their hard-earned assets while ensuring they can access necessary care through Medicaid if needed. This guide explores effective ways to protect assets from Medicaid spend-down requirements while remaining compliant with…

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What Happens to Your Estate Plan If You Get a Divorce
The Chamberlain Law Firm

What happens to your estate plan if you get a divorce is a critical question during one of life’s most significant transitions, as divorce affects not only your emotional well-being but also your financial and legal arrangements. Among the many considerations during this challenging time, your estate plan requires careful attention. What happens to your…

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