Q: I have 2 siblings. My mom passed 4 yrs ago.I have stored her belongings in storage I would like to empty it can I?
No will there was ins that was left to my 2 sons and was used to bury her. Her house was in process of forecloser prior to her passing, has money in the bank, she also was raising 2 autistic granddaughters with no prior arrangements for them I have had them also. I offered to be a administrator being I'm in NJ and my sis goes to FLA and bro lives in WV my dis refused to sign so I said I'd sign for her to be in charged she refused. So I've been paying monthly rent for a storage unit I want to stop but how do I ho about it? Thank you!
A:
become administrator of estate and get court approval. Litigation Involving Intestacy
Intestate Succession
When no Will exists, Real and Personal property is not distributed according to the decedent person's desires. Rather, it is distributed according to the statutes of New Jersey.
The net estate remaining after deduction of debts, taxes, family exemptions, etc., would be distributed under the Statutes governing Decedent's Estates.
APPOINTMENT OF ADMINISTRATOR OR PERSONAL REPRESENTATIVE
When there is no Will, an administrator, administratrix, or personal representative is appointed by the Court. Any close relative may be appointed.
For an individual or a bank to be appointed administrator or personal representative, all other heirs must renounce their rights. In most cases, a surety bond must be furnished by paying a premium to a surety company for signing this bond. ?If all heirs cannot agree on who will serve as an administrator, then the heir requesting to be appointed as administrator must have their attorney file a Complaint and Order to Show Cause to request the court appoint you as administrator.
MINIMUM DUTIES OF ADMINISTRATOR
ACCORDING TO THE MIDDLESEX COUNTY SURROGATE WEBSITE, THERE ARE MANY RESPONSIBILITIES OF THE ADMINISTRATOR, See http://www.co.middlesex.nj.us/surrogate/yourwill.asp#dyi
1 The Administrator of an intestate estate (no Will) is obligated to notify the Attorney General of the State of New Jersey, in the event that there are no surviving heirs. In this case, the net proceeds of the estate would escheat to the State of New Jersey.
2. The Administrator is responsible for determining and marshaling all assets of the estate. An estate checking account is opened from which bills are paid. It may be necessary to secure a Federal ID number for the estate. You can call the IRS AT 800-829-1040 for an ID number.
3. The Administrator is responsible for all debts, last illness expenses, inheritance and estate taxes, and administrative expenses from the decedent's assets.
4. The Administrator is responsible for filing appropriate State and Federal tax forms as applicable, and forwarding any tax payments due.
5. The Administrator is entitled to a commission of 5% of the value of the gross estate (for estates up to $200,000.00) and 6% on income if they handle the estate properly.
6. The Administrator shall prepare an accounting of the estate assets and disbursements and proposed distribution, which accounting may be proved informally by each beneficiary/heir acknowledging his approval of same. In the alternative, the Superior Court of New Jersey approves a Formal Accounting. Filing fee for the Informal Accounting is $5.00 per page.
7. The Executor has the obligation to distribute the net estate in a timely manner, in accordance with the terms of the will. The Administrator distributes in accordance with the intestate laws of the State of New Jersey. A copy of the relevant New Jersey Statutes is available at the Law Library, which is located on the second floor of the
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