Q: Does a will need to filed with County surrogate (NJ) if only one small bequest and all assets pass to husband?
My mother in law passed with a will in NJ. One asset in her name, an IRA that transferred to her husband. One small bequest to a non family member ($2,500). All other assets jointly titled all passed to her husband (checking/savings, house)
Can the bequest be paid from checking account that is now titled only in her husbands name?
Is it is necessary to file with surrogate, obtain estate EIN, open estate checking account, etc for this one small inheritance? Thank you.
A:
The IRA probably had a named beneficiary so the will wouldn't matter unless the estate is huge.
And you are correct that the joint items passed to the Hubby as jointly titled. So, if he wants to write a check for $2500 it is up to him. However, he may be entitled to anything not jointly titled under NJ law. It really depends on the size of the estate.
Involving an Attorney would definitely cost more than the $2500 bequest for both sides.
If he writes a check for the bequest, he should get a release signed by the person getting the money just to be safe. If you can't find one online or by asking the surrogate's office email me at soltis@focusedlaw.com and I will get my partner to send a form to him if the surogate of his county wont.
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