सबसे पहले, मैं मुझे मौका उनके मामले में उन्हें सहायता के लिए देने के लिए हमारे ग्राहकों को शुक्रिया अदा करना चाहता हूँ. मैं हूँ एक पेशेवर कानूनी और मैं बहुत गर्व और वकील के रूप में हमारे रिश्ते-ग्राहक के दौरान ग्राहकों के लिए मुझे लगता है कि प्रदर्शन को कानूनी सेवाओं में विश्वास किया है. यदि आप अपने मामले के बारे में चिंता है, कृपया मेरे कार्यालय को बुलाओ.
हम मानते हैं कि यह मामला अत्यंत महत्वपूर्ण है कि आप न केवल करने के लिए, लेकिन इस कार्यालय के रूप में अच्छी तरह से महसूस हो रहा है. यह तुम्हारे लिए अभी क्षतिपूर्ति प्राप्त करने का बस एक बात है, कि हालांकि बहुत महत्वपूर्ण है नहीं है, हम ध्यान से कठिन समय के माध्यम से अपने मामलों की एक संतोषजनक निष्कर्ष करने के लिए हमारे ग्राहकों का मार्गदर्शन में पेशेवर गर्व ले.
गोपनीय जानकारी है, लेकिन शामिल सभी जानकारी तक ही सीमित नहीं है कि पेशेवर रिश्ते कि ग्राहक का अनुरोध किया है में मिली गुप्त या प्रकटीकरण जिसमें से आयोजित होने या संभवतः ग्राहक को हानिकारक शर्मनाक होगा. यह है, लेकिन यह भी ग्राहकों को साक्षात्कार करने के लिए क्या किया गया है की पहचान न केवल बात करने के लिए हमारे ग्राहक द्वारा प्रगट भी शामिल है.
न्यू जर्सी नियम व्यावसायिक आचरण का
जानकारी के RPC 1.6 गोपनीयता
(एक) एक वकील सूचना एक ग्राहक का प्रतिनिधित्व करने के लिए संबंधित प्रकट नहीं होगा जब तक क्रम में प्रतिनिधित्व के लिए कि impliedly अधिकृत हैं खुलासे के अलावा परामर्श के बाद ग्राहक सहमति, और पैराग्राफों को छोड़कर के रूप में (ख) और (ग हैं) .
For more information visit, http://www.njlaws.com/client_attorney.htm
Wednesday, December 31, 2008
Wednesday, December 3, 2008
3B:3-17. Probate of will and grant of letters
The surrogates of the several counties or the Superior Court may take depositions to wills and the surrogate's courts and Superior Court admit the same to probate, and grant thereon letters testamentary or letters of administration with the will annexed.
3B:3-16 Methods of altering will
3B:3-16 Methods of altering will
No devise in, or clause of a will may be altered, except by another will or codicil or other writing declaring the alteration executed in the manner in which wills are required by law to be executed.
No devise in, or clause of a will may be altered, except by another will or codicil or other writing declaring the alteration executed in the manner in which wills are required by law to be executed.
3B: 3-15 Revival revoked will
Except as provided in N.J.S 3B:3-14, a revoked will or codicil shall not be revived except by reexecution or by a duly executed codicil expressing an intention to revive it.
3B:3-14. Revocation by divorce or annulment; revival by remarriage to former spouse
3B:3-14. Revocation by divorce or annulment; revival by remarriage to former spouse
If after having executed a will the testator is divorced or his marriage annulled, the divorce or annulment revokes any dispositions or appointment of property made by the will to the former spouse, any provision conferring a general or special power of appointment on the former spouse, and any nomination of the former spouse as executor, trustee, or guardian, unless the will expressly provides otherwise. Property prevented from passing to a former spouse because of a revocation by divorce or annulment passes as if the former spouse failed to survive the decedent and other provisions conferring some power or office on the former spouse are interpreted as if the spouse failed to survive the decedent. A judgment from bed and board is a divorce for the purpose of this section. If provisions are revoked solely by this section, they are revived by testator's remarriage to the former spouse or by the revocation or suspension of a judgment of divorce from bed and board. No change of circumstances other than as described in this section revokes will.
If after having executed a will the testator is divorced or his marriage annulled, the divorce or annulment revokes any dispositions or appointment of property made by the will to the former spouse, any provision conferring a general or special power of appointment on the former spouse, and any nomination of the former spouse as executor, trustee, or guardian, unless the will expressly provides otherwise. Property prevented from passing to a former spouse because of a revocation by divorce or annulment passes as if the former spouse failed to survive the decedent and other provisions conferring some power or office on the former spouse are interpreted as if the spouse failed to survive the decedent. A judgment from bed and board is a divorce for the purpose of this section. If provisions are revoked solely by this section, they are revived by testator's remarriage to the former spouse or by the revocation or suspension of a judgment of divorce from bed and board. No change of circumstances other than as described in this section revokes will.
3B:3-13. Revocation by acts of testator
3B:3-13. Revocation by acts of testator
A will or any part thereof is revoked:
a. By subsequent will which revokes the former will or part expressly or by inconsistency; or
b. By being burned, torn, canceled, obliterated, or destroyed with the intent and for the purpose of revoking by the testator or by another person in his presence and by his direction.
A will or any part thereof is revoked:
a. By subsequent will which revokes the former will or part expressly or by inconsistency; or
b. By being burned, torn, canceled, obliterated, or destroyed with the intent and for the purpose of revoking by the testator or by another person in his presence and by his direction.
3B:3-12. Acts and events of independent significance
A will may dispose of property by reference to acts and events which have significance apart from their effect upon the dispositions made by the will, whether they occur before or after the execution of the will or before or after the testators death. The execution or revocation of a will of another person is such an event.
3B:3-11. Identifying devise of tangible personal property by separate writing
3B:3-11. Identifying devise of tangible personal property by separate writing
A will may refer to a written statement or list to dispose of items of tangible personal property not otherwise specifically disposed of by the will, other than money, evidences of indebtedness, documents of title, and securities and property used in trade or business. To be admissible under this section as evidence of the intended disposition, the writing must either be in the handwriting of the testator or be signed by him and must describe the items and the devisees with reasonable certainty. The writing may be referred to as one to be in existence at the time of the testators death: it may be prepared before or after the execution of the will; it maybe be altered by the testator after its preparation; and it may be a writing which has no significance apart from its effect upon the dispositions made by the will.
A will may refer to a written statement or list to dispose of items of tangible personal property not otherwise specifically disposed of by the will, other than money, evidences of indebtedness, documents of title, and securities and property used in trade or business. To be admissible under this section as evidence of the intended disposition, the writing must either be in the handwriting of the testator or be signed by him and must describe the items and the devisees with reasonable certainty. The writing may be referred to as one to be in existence at the time of the testators death: it may be prepared before or after the execution of the will; it maybe be altered by the testator after its preparation; and it may be a writing which has no significance apart from its effect upon the dispositions made by the will.
3B:3-10. Incorporation by reference
3B:3-10. Incorporation by reference
Any writing in existence when a will is executed may be incorporated by reference if the language of the will manifests this intent and describes the writing sufficiently to permit its identification.
Any writing in existence when a will is executed may be incorporated by reference if the language of the will manifests this intent and describes the writing sufficiently to permit its identification.
3B:3-9. Laws determining valid execution of will
3B:3-9. Laws determining valid execution of will
A written will is validly executed if executed in compliance with N.J.S. 3B:3-2 or N.J.S 3B;3-3 or its execution was in compliance with the law of the place where it was executed, or at the time of death the testator was domiciled, had a place of abode or was a national.
A written will is validly executed if executed in compliance with N.J.S. 3B:3-2 or N.J.S 3B;3-3 or its execution was in compliance with the law of the place where it was executed, or at the time of death the testator was domiciled, had a place of abode or was a national.
3B:3-8. Will not invalidated if signed by interested witness
A will or any provision thereof is not invalid because the will is signed by an interested witness.
3B:3-7. Who may witness a will
3B:3-7. Who may witness a will
Any person generally competent to be a witness may act as a witness to a will and testify concerning the execution thereof.
Any person generally competent to be a witness may act as a witness to a will and testify concerning the execution thereof.
Monday, December 1, 2008
3B:3-6. Validating acknowledgment
3B:3-6. Validating acknowledgment
An acknowledgment to make a will self-proved taken on or after September 1,1978, but before October 11,1979, pursuant to R.S. 46:14-6, R.S. 46:14-7 or R.S. 46:14-8 to make a will self-proved under N.J.S. 3B:3-4 or N.J.S. 3B:3-5 is a valid acknowledgment, notwithstanding that the certificate of acknowledgment does not have the officer's official seal affixed thereto.
An acknowledgment to make a will self-proved taken on or after September 1,1978, but before October 11,1979, pursuant to R.S. 46:14-6, R.S. 46:14-7 or R.S. 46:14-8 to make a will self-proved under N.J.S. 3B:3-4 or N.J.S. 3B:3-5 is a valid acknowledgment, notwithstanding that the certificate of acknowledgment does not have the officer's official seal affixed thereto.
3B:3-5. Making will self-proved subsequent to time of execution
the3B:3-5. Making will self-proved subsequent to time of execution
A will executed in compliance with N.J.S 3B:3-2 may be at any time subsequent to its execution be made self-proved by the acknowledgment thereof by the testator and the affidavits of the witnesses, each made before an officer authorized pursuant to R.S. 46:14-6, R.S. 46:14-7 or R.S. 46:14-8 to take acknowledgments and proofs of instruments entitled to be recorded under the laws of this State, attached or annexed to the will in substantially the following form:
The State of ...............
County of ..................
We, ........., ................, and ............, the testator and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, be duly sworn, do hereby declare to the undersigned authority that the testator signed and executed the instrument as this last will and that he had singed willingly (or willingly directed another to sign for him), and that he executed it as his free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the testator, signed the will as witnesses and that to the best of his knowledge the testator was at that time 18 years of age or older, of sound mind and under no constraint or undue influence.
.................
Testator
.................
Witness
.................
Witness
Subscribed, sworn to and acknowledged before me by ......., the testator, and subscribed and sworn to before me by ............. and ................., witnesses, this ............... day of ..................
(Signed) ........................
........................
(Official capacity of officer)
A will executed in compliance with N.J.S 3B:3-2 may be at any time subsequent to its execution be made self-proved by the acknowledgment thereof by the testator and the affidavits of the witnesses, each made before an officer authorized pursuant to R.S. 46:14-6, R.S. 46:14-7 or R.S. 46:14-8 to take acknowledgments and proofs of instruments entitled to be recorded under the laws of this State, attached or annexed to the will in substantially the following form:
The State of ...............
County of ..................
We, ........., ................, and ............, the testator and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, be duly sworn, do hereby declare to the undersigned authority that the testator signed and executed the instrument as this last will and that he had singed willingly (or willingly directed another to sign for him), and that he executed it as his free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the testator, signed the will as witnesses and that to the best of his knowledge the testator was at that time 18 years of age or older, of sound mind and under no constraint or undue influence.
.................
Testator
.................
Witness
.................
Witness
Subscribed, sworn to and acknowledged before me by ......., the testator, and subscribed and sworn to before me by ............. and ................., witnesses, this ............... day of ..................
(Signed) ........................
........................
(Official capacity of officer)
3B:3-4. Making will self-proved at time of execution
3B: 3-4. Making will self-proved at time of execution
A will executed in compliance with N.J.S 3B: 3-2 may be simultaneously executed, attested, and made self-proved, by acknowledgment thereof by the testator and affidavits of the witnesses, each made before an officer authorized pursuant to R.S. 46:14-6, R.S. 46:14-7 or R.S. 46:14-8 to take acknowledgments and proofs of instruments entitled to be recorded under the laws of this State, in substantially the following form:
I,....,the testator, sign my name to this instrument this ....day of ..... 20.., and being duly sworn, do hereby declare to the undersigned authority that I sign and execute this instrument as my last will and that I sign willingly (or willingly direct another to sign for me), that I execute it as my free and voluntary act for the purposes therein expressed, and that I am 18 years of age or older, of sound mind, and under no constraint or undue influence.
...........................
Testator
We ........, the witnesses, sign our names to this instrument, and, being duly sworn, do hereby declare to the under signed authority that the testator signs and executes this instrument at his last will and that he signs it willingly (or willingly directs another to sign for him), and that each of us, in presence and hearing of the testator, hereby signs this will as witness to the testators signing, and that to the best of our knowledge the testator is 18 years of age or older, of sound mind, and under no constraint or undue influence.
...........................
Witness
........................
Witness
The State of ....................
County of .................
Subscribed, sworn to and acknowledged before me by ........., the testator and subscribed and sworn to before me by ................ and .................., witnesses, this ............. day of ........
(Signed)................................................
................................................
(Official capacity of officer)
A will executed in compliance with N.J.S 3B: 3-2 may be simultaneously executed, attested, and made self-proved, by acknowledgment thereof by the testator and affidavits of the witnesses, each made before an officer authorized pursuant to R.S. 46:14-6, R.S. 46:14-7 or R.S. 46:14-8 to take acknowledgments and proofs of instruments entitled to be recorded under the laws of this State, in substantially the following form:
I,....,the testator, sign my name to this instrument this ....day of ..... 20.., and being duly sworn, do hereby declare to the undersigned authority that I sign and execute this instrument as my last will and that I sign willingly (or willingly direct another to sign for me), that I execute it as my free and voluntary act for the purposes therein expressed, and that I am 18 years of age or older, of sound mind, and under no constraint or undue influence.
...........................
Testator
We ........, the witnesses, sign our names to this instrument, and, being duly sworn, do hereby declare to the under signed authority that the testator signs and executes this instrument at his last will and that he signs it willingly (or willingly directs another to sign for him), and that each of us, in presence and hearing of the testator, hereby signs this will as witness to the testators signing, and that to the best of our knowledge the testator is 18 years of age or older, of sound mind, and under no constraint or undue influence.
...........................
Witness
........................
Witness
The State of ....................
County of .................
Subscribed, sworn to and acknowledged before me by ........., the testator and subscribed and sworn to before me by ................ and .................., witnesses, this ............. day of ........
(Signed)................................................
................................................
(Official capacity of officer)
3B:3-3. Holographic Will
3B:3-3. Holographic Will
A will which does not comply with N.J.S 3B:3-2 is valid as a holographic will, whether or not witnessed, if the signature and material positions are in the handwriting of the testator.
A will which does not comply with N.J.S 3B:3-2 is valid as a holographic will, whether or not witnessed, if the signature and material positions are in the handwriting of the testator.
3B:3-2. Formal execution of will
3B:3-2. Formal execution of will
Except as provided in N.J.S 3B:3-3, every will shall be in writing, signed by the testator or in his name by some other person in his presence and at his presence and at his direction and shall be signed at least two persons each of whom witnessed either the signing or the testator's acknowledgement or of the signature of the will.
Except as provided in N.J.S 3B:3-3, every will shall be in writing, signed by the testator or in his name by some other person in his presence and at his presence and at his direction and shall be signed at least two persons each of whom witnessed either the signing or the testator's acknowledgement or of the signature of the will.
3B:3-1. Person competent to make a will and appoint a testamentary guardian
3B:3-1. Person competent to make a will and appoint a testamentary guardian
Any person 18 or more years of age who is of sound mind may make a will and may appoint a testamentary guardian.
Any person 18 or more years of age who is of sound mind may make a will and may appoint a testamentary guardian.
3B:2-8. Penalty for failure to obey subpena
3B:2-8. Penalty for failure to obey subpoena
Any person subpoenaed as a witness by a surrogate, who does not appear pursuant thereto, or appearing refuses to be sworn or give evidence, without reasonable cause assigned, shall for every such default or refusal, be subject to a fine of not more than $50.00, as surrogate's court issuing the subpoena shall by judgment determine proper to impose. The fine, when collected, shall be paid to the county.
In default of the payment of a fine so imposed, the surrogate's court by its judgment may commit the witness to the county jail of the county until it is paid or he is sooner discharged.
The judgment of the surrogate's court imposing a fine or committing a witness to jail shall be reviewable by the Superior Court in the same manner as other judgments of the court are reviewed.
Any person subpoenaed as a witness by a surrogate, who does not appear pursuant thereto, or appearing refuses to be sworn or give evidence, without reasonable cause assigned, shall for every such default or refusal, be subject to a fine of not more than $50.00, as surrogate's court issuing the subpoena shall by judgment determine proper to impose. The fine, when collected, shall be paid to the county.
In default of the payment of a fine so imposed, the surrogate's court by its judgment may commit the witness to the county jail of the county until it is paid or he is sooner discharged.
The judgment of the surrogate's court imposing a fine or committing a witness to jail shall be reviewable by the Superior Court in the same manner as other judgments of the court are reviewed.
3B:2-7. Issuance of subpenas by surrogate
3B:2-7. Issuance of subpenas by surrogate
A surrogate may issue process of subpoenas to any person within the State to appear and give evidence in any matter pending before the surrogates court.
A surrogate may issue process of subpoenas to any person within the State to appear and give evidence in any matter pending before the surrogates court.
3B:2-6. Oaths; affidavit; deposition or proof
3B:2-6. Oaths; affidavit; deposition or proof
Any oath, affidavit, deposition or proof required to be made or taken in any proceeding before a surrogate, his court, or in the Superior Court, or necessary or proper to be used before the surrogate or the court, may be made and taken before the surrogate or before any person authorized by law to administer oaths. Qualification of executors and administrators and acceptances of trusteeships and guardianships may be taken as provided by the rules of the Supreme Court.
Any oath, affidavit, deposition or proof required to be made or taken in any proceeding before a surrogate, his court, or in the Superior Court, or necessary or proper to be used before the surrogate or the court, may be made and taken before the surrogate or before any person authorized by law to administer oaths. Qualification of executors and administrators and acceptances of trusteeships and guardianships may be taken as provided by the rules of the Supreme Court.
3B:2-5. Disputes or doubts in proceedings before the surrogate
3B:2-5. Disputes or doubts in proceedings before the surrogate
In the event of any dispute or doubt arising before the surrogate or in the surrogate's court, neither he nor the court shall take any further action therein, except in accordance with the order of the Superior Court.
In the event of any dispute or doubt arising before the surrogate or in the surrogate's court, neither he nor the court shall take any further action therein, except in accordance with the order of the Superior Court.
3B:2-4. Proceedings in Superior Court on order to show cause
3B:2-4. Proceedings in Superior Court on order to show cause
The Superior Court, in any proceeding by or against fiduciaries or other persons, may proceed in a summary manner.
The Superior Court, in any proceeding by or against fiduciaries or other persons, may proceed in a summary manner.
3B:2-3. Jurisdiction of Superior Court over surrogate's proceedings
3B:2-3. Jurisdiction of Superior Court over surrogate's proceedings
The Superior Court shall have jurisdiction to hear and determine disputes or doubts arising before the surrogate or in the surrogate's court of a county, to review in any order, determination or judgment of the surrogate or the surrogate's court of county and upon the review to hear and determine the matter, and to grant relief from or to direct the entry of,as of a former time, any order, determination or judgment of the surrogate or the surrogate's court of a county.
The Superior Court shall have jurisdiction to hear and determine disputes or doubts arising before the surrogate or in the surrogate's court of a county, to review in any order, determination or judgment of the surrogate or the surrogate's court of county and upon the review to hear and determine the matter, and to grant relief from or to direct the entry of,as of a former time, any order, determination or judgment of the surrogate or the surrogate's court of a county.
3B:2-2. General authority of Superior Court as to probate matters
3B:2-2. General authority of Superior Court as to probate matters
The Superior Court shall have full authority to hear and determine all controversies respecting wills, trusts, and estates, and full authority over the accounts of fiduciaries, and also authority over all other matters and things as are submitted to its determination under this title.
The Superior Court shall have full authority to hear and determine all controversies respecting wills, trusts, and estates, and full authority over the accounts of fiduciaries, and also authority over all other matters and things as are submitted to its determination under this title.
3B:2-1. Jurisdiction of Superior Court not affected
3B:2-1. Jurisdiction of Superior Court not affected
The provisions of this title are not intended and shall not be so construed as in any way to affect, impair, or limit the original general jurisdiction of the Superior Court given to it by the constitution.
The provisions of this title are not intended and shall not be so construed as in any way to affect, impair, or limit the original general jurisdiction of the Superior Court given to it by the constitution.
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