McNeely McGuigan & Esmi LLC is a law and mediation office dedicated to meeting your family's needs. We focus our practice in the areas of estate planning, probate, trust and estate administration, guardianships, elder law, matrimonial, immigration law and residential real estate matters. We also serve as fiduciaries for the Courts and for private clients.
Our firm emphasizes mediation and self-determined solutions as an alternative to litigation, where appropriate. However, if mediation is not an option, or if settlement negotiations are unsuccessful, we will advocate vigorously for you in Court. Regardless of the method of resolution, we strive to understand your unique needs so as to achieve results that are both creative and pragmatic.
Our firm emphasizes mediation and self-determined solutions as an alternative to litigation, where appropriate. However, if mediation is not an option, or if settlement negotiations are unsuccessful, we will advocate vigorously for you in Court. Regardless of the method of resolution, we strive to understand your unique needs so as to achieve results that are both creative and pragmatic.
Services
Estate planning and administration, probate, guardianships, will contests and related litigation, residential real estate and small business formation. New Jersey Bar Association, National Academy of Elder Law Attorneys, Guardianship Association of New Jersey, Mercer County Bar Association, and Burlington County Bar Association.
There are two types of divorce in the State of New Jersey, absolute or final divorce from the bonds of matrimony and a limited divorce or divorce from bed and board. The second type of divorce is the closest thing that New Jersey has to a "legal separation." In this limited judgment of divorce or what is more commonly known as the divorce from bed and board, neither party is completely divorced or able to remarry.
Probate is the process by which a decedent's will is deemed genuine. In New Jersey, probate is under the purview of the county surrogate. The surrogate will issue a judgment admitting a will that is found to be proper - assuming no caveat is filed or other issue identified. Next, the surrogate issues Letters Testamentary to document the authority to the Executor to act on behalf of the decedent's estate.
Guardianships are established to protect individuals that lack decision-making capability and who would otherwise be prey to exploitation. The individual may be an adult who has lost mental capacity or an individual approaching 18 years of ago whose disability arose at birth or during childhood, or alternatively, may be a minor whose parents or guardians have died.
There are many legalities surrounding proper implementation of estate plans. It is essential to receive sound advice and proper documents that comply with the law. Additionally, other factors unique to each individual or family often give rise to special requirements such as when a family member is disabled (special needs planning, to include special needs trusts and letters of intent) or is a non-citizen (qualified domestic trust).
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