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New Jersey Probate Questions & Answers
1 Answer | Asked in Probate for New Jersey on
Q: If a person dies without a will and the daughter is also on the deed does it need to go through probate
Morris Leo Greb
Morris Leo Greb
answered on Feb 16, 2023

Best practice would be to go through probate.

1 Answer | Asked in Family Law, Real Estate Law and Probate for New Jersey on
Q: I want to present the NJ Law on Adm'n of Estates for Reprobate in the Philippines. Where can I get an official copy?

The Philippine law on evidence requires an authenticated copy of the said law to be presented in court as proof of said foreign law. I am wondering how to obtain said official copy. Is it enough to print it myself and have the same Apostilled before the NJ Dept of Treasury, or is there a proper... View More

Morris Leo Greb
Morris Leo Greb
answered on Dec 5, 2022

Either from Justia.com or Thomas Reuters that owns Westlaw. West Publishing is located in Eagan, Minnesota.

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.

2 Answers | Asked in Probate for New Jersey on
Q: If I just found my biological father in November 2021 and we were building a relationship and he passed away in October

He left everything to his neighbor. The will was dated November 2020. Can I contest as being Omitted Child?

Morris Leo Greb
Morris Leo Greb
answered on Nov 13, 2022

You may be successful in such a claim. It will be worth your while to speak with an experienced probate attorney.

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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.

2 Answers | Asked in Family Law and Probate for New Jersey on
Q: Is a verbal order by a Judge on transcript as valid as a written and signed order filed in the Court?

This case involves probate/estate litigation:

The Judge ordered the opposing counsel to provide an accounting of his client’s use of POA to the decedent. The OC filed an accounting that was not accepted by the Judge. The Judge clarified verbally during the next hearing what kind of... View More

Richard Diamond
Richard Diamond
answered on Oct 9, 2022

Actually, pursuant to case law, the order given by the judge orally from the bench controls if there is a dispute between the language of the written order and what the judge ordered from the bench. I would immediately order a copy of the transcript of the court's ruling and write to the court... View More

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1 Answer | Asked in Probate for New Jersey on
Q: Hi my father has land and a house in Puerto Rico, he's been divorced for 30 year's. Is the ex entitled to the property
H. Scott Aalsberg
H. Scott Aalsberg
answered on Aug 29, 2022

That would depend on a lot of information that is missing such as was their a property settlement agreement when they got divorced. Was she still named on the deed. Was she living in the property and this is just three of the many questions a lawyer would need to ask before giving you an answer.... View More

1 Answer | Asked in Real Estate Law and Probate for New Jersey on
Q: Do I as a primary beneficiary name to inherit property have the right to pay the taxes
Morris Leo Greb
Morris Leo Greb
answered on Aug 1, 2022

Very briefly, anyone can pay the real estate taxes. Speak to an accountant as to whether the payment is tax deductible for you or is considered a gift which may trigger having to file a gift tax return.

2 Answers | Asked in Estate Planning and Probate for New Jersey on
Q: In NJ, if there are two Memorandums of Tangible Personal Property, does the most recent override the first one?

One was handwritten around 2007, maybe earlier. The other one was written in 2014. The first list contains a necklace that was given to me, by my mother in 2014. My mother passed Dec, 2021. The other sister says it’s still part of the list and wants it back. I strongly disagree.

H. Scott Aalsberg
H. Scott Aalsberg
answered on Jun 26, 2022

Sounds like you have the item and it was on the later list so it sounds like you have the right to keep it. But a lawyer would need to review all the documents and the estate documents issued by the probate court to tell you anything with certainty.

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3 Answers | Asked in Estate Planning and Probate for New Jersey on
Q: My sister passed away and I am the one who managed her trust. It is to be split between me and two brothers.

My sister passed away and I am the one who managed her trust (approximately $250K). It is to be split between me and two brothers. My question is, do I simply distribute the trust, a third each and have each of us 3 declare the inheritance and pay taxes at our year end taxes, or does the trust pay... View More

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 24, 2022

You really need to retain an experienced Probate attorney, who will know how to handle the provisions of the trust. This is a legal question, not an accounting question. Only attorneys are licensed to give legal advice, not accountants. Another type of attorney you could consider is an Estate and... View More

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1 Answer | Asked in Estate Planning and Probate for New Jersey on
Q: if someone’s will says you recieve the money through the trust at age 21 but the trust now says 40

the trust didn’t always say 40. just lost the copy of the original but would i. e able to take it to court and get atleast some of

the money

H. Scott Aalsberg
H. Scott Aalsberg
answered on Jun 23, 2022

Looks Like something fishy is happening here looks like you should hire yourself a good lawyer to investigate and file a suit if necessary.

1 Answer | Asked in Probate for New Jersey on
Q: If my (now-deceased) mother has a will, but her estate is worth less than 10K, can we do "small probate."
H. Scott Aalsberg
H. Scott Aalsberg
answered on May 8, 2022

You don't have to worry about doing small probate because she died with the will, just have executor file the will with the local county probate office. Luckily when you die having a will the probate process is much easier, even a simpler procedure than with "small probate". Using... View More

1 Answer | Asked in Estate Planning and Probate for New Jersey on
Q: Mom passed without a will and left two houses in dads name in PR, are they considered an asset of her estate?

Dad passed years ago but houses were not distributed or new deeds were not done so now that mom passed the houses are still in his name. Are they considered an asset of her estate? Would they need to be listed on her estate paperwork in the US? Or is US and PR kept separate? We will need to use... View More

Morris Leo Greb
Morris Leo Greb
answered on May 3, 2022

Whether the assets are part of your mother's estate will depend on how title to the property was deemed to have passed at your father's death. If title passed by operation of law to your mother, the property is part of your mother's estate. It may be used for any lrgal purpose by the... View More

1 Answer | Asked in Probate for New Jersey on
Q: Do we have enough to file a grievance for an executor of our aunt's will with the state of NJ?

Aunt passed 9/28/21. Will was probated in Dec. My brother & I are beneficiaries of IRA's & our children are in the will, each to receive a set amount of cash. We have a copy of the will, but not the death certificate. Our children have yet to receive notification that the executor has... View More

Morris Leo Greb
Morris Leo Greb
answered on Feb 8, 2022

The brief details appear sufficient to proceed with an application to have an administrator cta (with will attached) appointed.

1 Answer | Asked in Estate Planning and Probate for New Jersey on
Q: Single with children and no will

My partner and I are unmarried with two

minor children. With no will what would happen to the property in only his name?

H. Scott Aalsberg
H. Scott Aalsberg
answered on Jan 13, 2022

If your asking what will you get, in general a spouse will get only get an elective share as required by NJ law but only if you were living with your spouse at the time of his/her death and you were not subject to a post or prenuptial. Elective share generally ranges to about 1/3 of the persons... View More

1 Answer | Asked in Probate for New Jersey on
Q: Dad died no will 5 siblings I apply for administrative certificate all 3 siblings signed/notarized the renunciation

Document except my brother who is incarcerated. Do I need his permission to move forward or does the majority of us rule?

Morris Leo Greb
Morris Leo Greb
answered on Dec 22, 2021

Apply for administration, listing all the siblings. The Surrogate will appoint or more of the siblings as administrator(s).

1 Answer | Asked in Estate Planning, Family Law, Legal Malpractice and Probate for New Jersey on
Q: Can the lawyer(s) of an estate representative be held accountable for allowing representative to breach fiduciary duty?

Taxes for a property of the estate has not been paid for over a year resulting in a tax sale being issued on the property. I have reached out to the counsel of the estate representative to inform them of the unpaid tax and tax sale notices multiple times and they have ignored my messages.... View More

Richard Diamond
Richard Diamond
answered on Dec 7, 2021

This is not a family law question and should be answered / directed to an estate lawyer to guide you on your rights in addressing the obligations of those responsible for administration of the estate.

2 Answers | Asked in Federal Crimes, Family Law, Health Care Law and Probate for New Jersey on
Q: Is knowingly submitting false information or hiding relevant information on a Medicaid recovery claim document fraud?

I live in the state of New Jersey. My sister is currently administering my late mother’s estate, which includes a Medicaid lien of 200 thousand dollars (including additional charges). Medicaid sent notice to the estate administrator to provide a full accounting of the my late mother’s estate.... View More

Morris Leo Greb
Morris Leo Greb
answered on Nov 27, 2021

Yes submission of knowingly false information to the government is a criminal act. The possible maximum penalties are quite severe. I suggest you speak to an attorney with experience in handling federal criminal acts.

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2 Answers | Asked in Estate Planning, Real Estate Law, Civil Litigation and Probate for New Jersey on
Q: Is it a breach of fiduciary duty if an estate administrator quick sells two properties for less than they are worth?

My sister is currently Administratrix of my late mother’s estate and has already committed various breaches of fiduciary duty, including requesting the estate reimburse her for debt owed by the decedent she was liable to pay as power-of-attorney and attorney-in-fact to the decedent before her... View More

Derek John Soltis
Derek John Soltis
answered on Nov 17, 2021

You need to go over everything you just asked a question about with an attorney. I have seen a $400 home sell for $78,000 because of liens that couldn't be avoided so the new owner took on the liens. I have also see properties sell under market value because a hoarder lived in them, tenants... View More

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