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Q: How can I check for a probate case in New Jersey regarding my inheritance?
I am concerned about a potential probate case in New Jersey involving my inheritance, which I believe my family is trying to keep from me. I haven't been involved in any probate proceedings recently, and I suspect my mail might have been redirected to prevent me from receiving important... View More 
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Christopher R. Milton
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answered on Sep 11, 2026
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answered on Sep 11, 2026
New Jersey handles most probate matters a little differently than some other states: an uncontested will is admitted to probate at the County Surrogate's Court for the county where the person lived, not through a statewide court system, and it only moves to the Superior Court, Chancery... View More
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Q: How to ensure unpaid Prudential and United Healthcare benefits are paid?
My mother passed away after working at Prudential for 23 years, from 1970 to 1993. According to her paperwork, she was 100% vested and was supposed to start receiving benefits from an annuity under the Prudential Retirement Plan for United States employees and special agents in November 2017. She... View More
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Christopher R. Milton
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answered on Sep 11, 2026
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answered on Sep 11, 2026
I'm sorry for your loss, and this is a frustrating position to be in. Both benefits you're describing — the Prudential pension/cash balance plan and the United Healthcare group life insurance — are almost certainly governed by ERISA, the federal law covering employer-sponsored... View More
Q: How do I find out where court proceedings for my uncle's will are occurring and contest a POA claiming I am deceased?
I am the main beneficiary of my uncle's will, who lived in Minnesota until he passed away due to Parkinson's disease. My wife has taken the will and signed a Power of Attorney (POA) over me, claiming I am not mentally capable of handling money. I believe there might be involvement from... View More
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Christopher R. Milton
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answered on Sep 11, 2026
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answered on Sep 11, 2026
This involves several serious, disputed issues at once — a will you believe you're the beneficiary of, a power of attorney or capacity determination you didn't consent to, and uncertainty about which state has an open case — and that combination isn't something to sort out... View More
Q: What steps to take for estate distribution after mother's passing in Minnesota?
My mother passed away on May 2nd, 2026, at her home in Minnesota under the care of her husband. I'm an only child, and he informed me of her death at 2:00 AM. He claimed she didn't leave a will. They owned a property together, valued at over $500,000, with no debts on it. There are other... View More
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Christopher R. Milton
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answered on Sep 11, 2026
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answered on Sep 11, 2026
I'm sorry for your loss. A few pieces here follow different rules, so it helps to separate them.
The jointly-owned home may not go through probate at all. If the deed made your mother and her husband "joint tenants with right of survivorship," Minnesota law (Minn. Stat. §... View More
Q: Is the custodian required to lodge a Will within 30 days if the estate avoids probate through a trust in California?
My father passed away recently in California, leaving a Living Trust and a backup Pour-Over Will. The trust establishes a Special Needs Trust for my benefit, with my sibling named as Trustee. The original physical Will is held by the drafting attorney, who is handling a private trust administration... View More
PREMIUM
Christopher R. Milton
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answered on Sep 11, 2026
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 11, 2026
Yes — Probate Code §8200 applies regardless of whether the estate is being handled through a trust. The custodian of a will (whoever physically holds it, including a drafting attorney) must deliver it to the clerk of the superior court within 30 days of learning of the death and provide a copy... View More
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