Teaneck, NJ asked in Estate Planning, Elder Law and Probate for New Jersey

Q: My deceased mom put her Brokerage account only in my kids (over 30 yrs old) names. They want to disclaim it

And give it to me. I am the executor. What do I need to do. Want to avoid probate

2 Lawyer Answers
Nina Whitehurst
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Answered
  • Estate Planning Lawyer
  • Crossville, TN

A: You need to schedule a personal consultation with a probate attorney and provide more facts. Disclaimer might not achieve the result you want because it results in your children being deemed to have predeceased your mom with the result that the funds would go to persons other than you, depending on all of the facts.

H. Scott Aalsberg
H. Scott Aalsberg
Answered
  • East Brunswick, NJ
  • Licensed in New Jersey

A: More information is needed however, unfortunately it sounds like to properly accomplish what you want you will need to go to probate court. Its not such a scary thing especially if your mother had a will. If she did not have a will it gets complicated and thus expensive. Hopefully you have a will for your children so they will not also have this problem.

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