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New Jersey Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning, Collections, Elder Law and Probate for New Jersey on
Q: In NJ, my dad passed away having credit card debt. There was no co-ownership/joint owners with the credit cards.

We were unaware of him having credit cards nor have any evidence of credit cards until the bills and calls started rolling in. My dad did not have bank accounts in his own name. Whatever was jointly owned has been transferred through the right of survivorship to his wife. How can we pay for this... View More

Anthony M. Avery
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answered on Dec 8, 2023

Consult with a NJ attorney. But try to avoid Probate as that will attract the creditors. It is not the Spouse's debt, but sometimes the Spouse can be held liable for necessities. Again, avoid Probate, and see if any exemption statutes protect her.

1 Answer | Asked in Estate Planning, Collections, Legal Malpractice and Probate for New Jersey on
Q: Why didn't I get a physical copy of the agreement between me and my attorney and why won't you send me one?

The attorney that I retained never gave me the written agreement between us for what he should be doing and charging during administration of my mother's estate. I asked him to send me a copy but he never did. When I voiced my dissatisfaction about the services I had acquired. I received a... View More

Joel Gary Selik
Joel Gary Selik
answered on Nov 7, 2023

The attorney should most certainly provide you a copy. In some States the fee agreement is invalid if you do not get a copy.

Put your request for the fee agreement in writing.

1 Answer | Asked in Estate Planning and Probate for New Jersey on
Q: We are trying to figure out who is the next of Kin and we need to go to probate.

My wife’s mother and her husband “stepfather” owned a house and they both passed away. Neither of them had a will. Her mother died first and then her husband died. The children are not the husband's children. The New Jersey property is valued at $48,000. Does my wife and her sibling have... View More

Elisabeth Ann Lambert
Elisabeth Ann Lambert
answered on Nov 6, 2023

I'm not a New Jersey attorney, so I can only give you some basic guidance and a direction of where to look. You will need to search for "New Jersey intestate succession." This website seems to have a good overview of how property is distributed when there is not a will; called... View More

1 Answer | Asked in Estate Planning and Elder Law for New Jersey on
Q: My brother is the executor of my mother’s estate and after 4 months has not listed the 3 rental home what can I do

He has not give a full accounting of the estate yet and has not distribute so bonds she brought for grandchildren with their name on bond

Morris Leo Greb
Morris Leo Greb
answered on Aug 9, 2023

Your question raises a number of serious issues. I believe the best avenue to take to resolve the questions you have is to speak to an attorney with Estate and litigation experience.

1 Answer | Asked in Estate Planning and Family Law for New Jersey on
Q: My dad died intestate in Essex County, NJ. How to get car title to spouse's name with as little paperwork as possible.

After dad died, we notified his bank and they accelerated his car loan. They said the loan would have to be paid off or the car would be repossessed. Mom paid off loan but the title came in his name. Now, we want to sell the car. Of course, my mom is older and we want to get this done with as... View More

Morris Leo Greb
Morris Leo Greb
answered on Jun 22, 2023

File an application for the probate of an intestate decedent's estate with the Surrogate's Court in Essex County.

2 Answers | Asked in Estate Planning, Family Law and Banking for New Jersey on
Q: My brother passed away October 2022 and didn't have a will, can I collect his funds from his bank account?

His friend and coworker attempted to gain access to his funds from his Bank Of America accounts since my brother didn't have a Will or designate anyone with the Power Of Attorney, does he have a claim even though I'm his sole kin?

Morris Leo Greb
Morris Leo Greb
answered on Jun 6, 2023

In a joint account, in the case of one joint tenant dying, the survivor takes. In all other matters, probate proceedings must be filed with the County Surrogate, an administrator will be appointed and a bond required. Thereafter, the estate will pass in accordance with state statutes.

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1 Answer | Asked in Estate Planning for New Jersey on
Q: Hello. My father had no will when he passed. I am currently in the process of becoming the administrator of his estate.

I have four siblings and one wants to disclaim his share of any inheritance. I was told by the Surrogate Court that he needs to file a disclaimer through a lawyer, but I'd like to know if hiring a lawyer is actually necessary. I've handled the estate without legal representation. I just... View More

Morris Leo Greb
Morris Leo Greb
answered on Mar 24, 2023

If the estate were probated in NJ, the renunciation properly completed can be filed pro se. If propated in NY, you need to pose the issue with a member of the NY Bar.

1 Answer | Asked in Estate Planning for New Jersey on
Q: Endorsing an estate check with two executors

My sister and I couldn't locate will upon dad's death so we obtained Letters of Administration as co-administrators. My sister is not live locally. Can I endorse check myself as administrator and deposit into estate account at bank?

Morris Leo Greb
Morris Leo Greb
answered on Mar 4, 2023

Yes. Best practice would be go email copy of check to sister then email her copy of deposit ticket into the estate account. Also, if both are not receiving copies of the bank's estate statement, be sure to send her copies of this also.

1 Answer | Asked in Estate Planning for New Jersey on
Q: How to bind together multiple pages of the last will?

If the will has multiple pages how to bind them together? Do I need to number and initial every page? Can notary stamp every page? asking for NJ

H. Scott Aalsberg
H. Scott Aalsberg
answered on Feb 23, 2023

Honestly, if you need to ask this question you should hire a lawyer to prepare your will. I have seen many people save a thousand dollars on having a will made only to end up in probate court spending tens of thousands to rectify the errors that were made in the Will. It is called being penny... View More

1 Answer | Asked in Estate Planning for New Jersey on
Q: Can I probate a will years later after person's death in NJ?

My mothers aunt passed away 20 years ago, and left a house for my mother. She didn't start the probation process since there was a person living in the house with a life estate deed and paying all the bills and taxes. Now my mom wants to probate the will, are there any time limits for will... View More

Morris Leo Greb
Morris Leo Greb
answered on Feb 23, 2023

Yes, offer the will for probate. Because of the passage of time, it may be probate will need to be done in formal style.

2 Answers | Asked in Estate Planning for New Jersey on
Q: Does a Last Will and Testament with a trust signed before marriage valid after my marriage in NJ?

What would happen to a house in only my name or my life insurance in this case if something should happen to me? How can I revoke this Will simply now that I am married and many things have since changed with my estate executor listed in the Will?

What if I pass before I have a chance to... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Feb 4, 2023

More information would be needed to properly answer your questions, but generally a new will which you should have since you did get married would invalidate your old will and be the controlling document. I suggest you setup a consultation with a lawyer to discuss this as the lawyer will need to... View More

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1 Answer | Asked in Estate Planning for New Jersey on
Q: Hi, we just had a will drawn up. It was signed by us, 2 witnesses, and our NJ attorney. The attorney said we don't

need a separate Notary or seal because in NJ he is considered a Notary and his signature is enough. My research supports this but also seems to indicate we should get it additionally notarized. Please advise. Thank you.

Morris Leo Greb
Morris Leo Greb
answered on Jan 23, 2023

See my answer to your previous question.

1 Answer | Asked in Estate Planning for New Jersey on
Q: Should a NJ will have a notary seal in addition to NJ lawyer and 2 witness signatures?
Morris Leo Greb
Morris Leo Greb
answered on Jan 23, 2023

If it is a self proving will which is being acknowledged by a notary public then in that event a seal should be affixed. If the will is acknowledged by a NJ attorney, only the attorney's signature is required.

1 Answer | Asked in Estate Planning and Family Law for New Jersey on
Q: When can I use my power of attorney

I have full power of attorney of my elderly mom. She is not capable of handling finances on her own but my sisters have brainwashed her into selling her home as I've been busy with my career. My mom doesn't want to believe she is incapable of making financial decisions and my... View More

Morris Leo Greb
Morris Leo Greb
answered on Dec 17, 2022

You have the right to exercise any power that is listed in the Power of Attorney. If you have a specific question how broad is the Power of Attorney's language, please consult with an attorney in your jurisdiction.

1 Answer | Asked in Estate Planning and Real Estate Law for New Jersey on
Q: What happen when an initial deed is showered in April 84 and records show it was assigned in May 1984 .

Both companies are no longer around to show what happen to that assignment . However in 1986 a mortgage is showed and discharged with another company that’s no longer around. Reached out to company that it merged with and they have no record of the property. Through research all patterns show... View More

Morris Leo Greb
Morris Leo Greb
answered on Nov 22, 2022

Speak to a real estate attorney. There is a statutory provision to resolve this issue.

1 Answer | Asked in Estate Planning and Probate for New Jersey on
Q: I'm executor of an estate & bonded. I need to have the estate discharged and the bond terminated. Do I need a lawyer?

Is this something I can do on my own to save money?

Morris Leo Greb
Morris Leo Greb
answered on Nov 14, 2022

If you are familar wiyh the requirements you may represent yourself. However, my advise is to retain the services of an experienced estate attorney.

1 Answer | Asked in Estate Planning and Probate for New Jersey on
Q: Three months of silence, so how do I handle a non-responsive probate lawyer?

I am one of two beneficiaries of an estate. We're at five years and counting, and I have been represented by a NJ lawyer on this matter as I live out of state. I was notified of new assets one year ago by executor via my lawyer, who was unable to provide any additional details. Assets entered... View More

Morris Leo Greb
Morris Leo Greb
answered on Nov 9, 2022

Contact the Office of Attorney Ethics at the NJ Supreme Court and ask for assistance with obtaining a response from the attorney.

1 Answer | Asked in Estate Planning and Probate for New Jersey on
Q: my mother had passed away, im the eldest son, what are my options to her estate

there was an old will, but my sister said she cant find it. i need help because my mom said the house was mine but my sister is trying to scam me from it. is there a way to find the original will?

H. Scott Aalsberg
H. Scott Aalsberg
answered on Nov 6, 2022

If you know the lawyer she used you could call that lawyer to see if he/she still has a copy of the will.

1 Answer | Asked in Elder Law and Estate Planning for New Jersey on
Q: My mother in law died over a year ago. Her estate was insolvent- she owed much more in debts than she had in assets.

My husband is her only heir. He and I declined to take on any assets (namely her home and car) and we declined to administer the estate. A debtor is now suing for foreclosure and we are receiving endless summonses because we are named as heirs/interested parties. Do we need to answer these summons... View More

Morris Leo Greb
Morris Leo Greb
answered on Sep 27, 2022

Whether or not you are willing to accept or be responsible for any interest in the state, you have an interest which needs to be addressed in the foreclosure action. You will continue to receive information. If you do nothing, at some pont in time, the plaintiff will seek the entry of a default in... View More

1 Answer | Asked in Estate Planning and Real Estate Law for New Jersey on
Q: Is the executor of a Real Estate Trust required to act quickly in selling the home? Should they notify us along the way?

Real Estate trust in NJ

What is the timeframe to sell? Should we be notified of the listing of home or price?

Morris Leo Greb
Morris Leo Greb
answered on Sep 23, 2022

The executor has time to sell the property when the executor feels it is the best time for the benefit of the Estate.

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