Timothy J. Little Law


Attorneys at Law


Author Archives: Justin Smigelsky, Esq.

New Jersey Family Law: Irreconcilable Differences as Grounds for Divorce

  New Jersey law has been gradually evolving to allow for easier termination of “dead marriages” regardless of fault. Fault of either spouse has continued to decrease in significance, while the impact of filing for divorce based upon fault is ordinarily not significant. It is important to note that each divorce matter is different, and… Continue Reading

New Jersey Probate & Estate Litigation: Executor’s Power to Compromise, Contest, or Settle Claims

  A Last Will and Testament confers upon every executor thereunder, in the absence of a contrary provision in the Will or in a court order, a wide-ranging set of administrative powers authorizing him or her so to act, provided he or she acts in good faith and with reasonable discretion. Pursuant to the New… Continue Reading

New Jersey Probate & Estate Litigation: “When Will I Receive My Inheritance?”

  In administering an estate, beneficiaries of the estate will routinely ask – “when will I receive my inheritance?” The answer, of course, is – “it depends.” Ordinarily, it will take approximately one year to complete the administration process and, in fact, distribution of an intestate’s property is not supposed to be made prior to… Continue Reading

New Jersey Probate & Estate Litigation: Action to Compel Inventory of the Decedent’s Property

Generally, New Jersey law does not require that an Executor or Administrator file an inventory of the decedent’s assets as a matter of course. However, pursuant to the New Jersey Probate Code, the Court may force an Executor or Administrator to file an inventory of all real and personal property of the decedent “which has… Continue Reading

New Jersey Probate & Estate Litigation: Who is Entitled to the Joint Bank Account?

Unfortunately, disputes regarding joint bank accounts are very common in New Jersey estate litigation. Oftentimes, joint accounts will be established with an elderly parent for convenience purposes or a joint account will be created with a “right of survivorship” in an effort to make a testamentary disposition (a “poor man’s Will”). Most people, however, fail… Continue Reading

Probate & Estate Litigation: New Jersey’s Revised Durable Power of Attorney Act

Until the development of the durable power of attorney, expensive, time-consuming, and intrusive guardianship proceedings would be necessary in the event of incapacitation. The power of attorney, however, is an inexpensive, swift, and far-less intrusive mechanism to address incapacity or unavailability – with a properly drafted and executed power of attorney, guardianship or conservatorship actions… Continue Reading

New Jersey Probate & Estate Litigation: Jurisdiction of the Surrogate vs the Superior Court, Chancery Division, Probate Part

Ordinarily, application for the probate of a will, for letters testamentary, or for letters of administration will be filed with the county Surrogate. However, as set forth in the Rules Governing the Courts of the State of New Jersey, there are certain matters in which the Surrogate may not act; specifically, unless explicitly authorized by… Continue Reading

New Jersey Probate & Estate Litigation: Compelling Production of a Last Will & Testament

Any interested party may file an Order to Show Cause and Verified Complaint to compel production of a purported Last Will and Testament or information as to its existence of whereabouts. Pursuant to the New Jersey Probate Code (N.J.S.A. 3B:3-29): The Superior Court shall have jurisdiction to compel discovery as to the existence or whereabouts… Continue Reading



Office Locations



Woodbridge, NJ


Chesterfield, NJ
Call Timothy J. Little, P.C. for Legal Advice

Author Archives: Justin Smigelsky, Esq.

New Jersey Family Law: Irreconcilable Differences as Grounds for Divorce

New Jersey Family Law: Irreconcilable Differences as Grounds for Divorce

  New Jersey law has been gradually evolving to allow for easier termination of “dead marriages” regardless of fault. Fault of either spouse has continued to decrease in significance, while the impact of filing for divorce based upon fault is ordinarily not significant. It is important to note that each divorce matter is different, and… Continue Reading

New Jersey Probate & Estate Litigation: Executor’s Power to Compromise, Contest, or Settle Claims

New Jersey Probate & Estate Litigation: Executor’s Power to Compromise, Contest, or Settle Claims

  A Last Will and Testament confers upon every executor thereunder, in the absence of a contrary provision in the Will or in a court order, a wide-ranging set of administrative powers authorizing him or her so to act, provided he or she acts in good faith and with reasonable discretion. Pursuant to the New… Continue Reading

New Jersey Probate & Estate Litigation: “When Will I Receive My Inheritance?”

New Jersey Probate & Estate Litigation: “When Will I Receive My Inheritance?”

  In administering an estate, beneficiaries of the estate will routinely ask – “when will I receive my inheritance?” The answer, of course, is – “it depends.” Ordinarily, it will take approximately one year to complete the administration process and, in fact, distribution of an intestate’s property is not supposed to be made prior to… Continue Reading

New Jersey Probate & Estate Litigation: Action to Compel Inventory of the Decedent’s Property

New Jersey Probate & Estate Litigation: Action to Compel Inventory of the Decedent’s Property

Generally, New Jersey law does not require that an Executor or Administrator file an inventory of the decedent’s assets as a matter of course. However, pursuant to the New Jersey Probate Code, the Court may force an Executor or Administrator to file an inventory of all real and personal property of the decedent “which has… Continue Reading

New Jersey Probate & Estate Litigation: Who is Entitled to the Joint Bank Account?

New Jersey Probate & Estate Litigation: Who is Entitled to the Joint Bank Account?

Unfortunately, disputes regarding joint bank accounts are very common in New Jersey estate litigation. Oftentimes, joint accounts will be established with an elderly parent for convenience purposes or a joint account will be created with a “right of survivorship” in an effort to make a testamentary disposition (a “poor man’s Will”). Most people, however, fail… Continue Reading

Probate & Estate Litigation: New Jersey’s Revised Durable Power of Attorney Act

Probate & Estate Litigation: New Jersey’s Revised Durable Power of Attorney Act

Until the development of the durable power of attorney, expensive, time-consuming, and intrusive guardianship proceedings would be necessary in the event of incapacitation. The power of attorney, however, is an inexpensive, swift, and far-less intrusive mechanism to address incapacity or unavailability – with a properly drafted and executed power of attorney, guardianship or conservatorship actions… Continue Reading

New Jersey Probate & Estate Litigation: Jurisdiction of the Surrogate vs the Superior Court, Chancery Division, Probate Part

New Jersey Probate & Estate Litigation: Jurisdiction of the Surrogate vs the Superior Court, Chancery Division, Probate Part

Ordinarily, application for the probate of a will, for letters testamentary, or for letters of administration will be filed with the county Surrogate. However, as set forth in the Rules Governing the Courts of the State of New Jersey, there are certain matters in which the Surrogate may not act; specifically, unless explicitly authorized by… Continue Reading

New Jersey Probate & Estate Litigation: Compelling Production of a Last Will & Testament

New Jersey Probate & Estate Litigation: Compelling Production of a Last Will & Testament

Any interested party may file an Order to Show Cause and Verified Complaint to compel production of a purported Last Will and Testament or information as to its existence of whereabouts. Pursuant to the New Jersey Probate Code (N.J.S.A. 3B:3-29): The Superior Court shall have jurisdiction to compel discovery as to the existence or whereabouts… Continue Reading

Recent Blog Posts