Ask a Question

Get free answers to your Estate Planning legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
New Jersey Estate Planning Questions & Answers
2 Answers | Asked in Estate Planning, Probate and Real Estate Law for New Jersey on
Q: Do I own the items in my NJ house after brother's passing?

I purchased a home in New Jersey from my brother's trust in 2017. The title and deed are in my name, though there was a life estate clause for my brother. After he passed away in 2023, my sister claimed some items in the house, but no specific items were listed in his will or trust. These... View More

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 4, 2025

You should consult an experienced Probate attorney to find out who is entitled to what. Good luck.

View More Answers

0 Answers | Asked in Estate Planning and Tax Law for New Jersey on
Q: When can I disburse trust funds to heirs after paying NJ inheritance tax?

I am the Trustee of a trust in New Jersey and have paid the required inheritance tax because two of the heirs are step-grandchildren. I filed the return with the state using a CPA, but I have not yet received any confirmation or communication. The trust document stipulates that all bills must be... View More

1 Answer | Asked in Estate Planning, Public Benefits and Real Estate Law for New Jersey on
Q: Protection for home title in mother's name due to age restrictions in NJ community.

I am 53 years old and want to purchase a home in New Jersey in a community where you must be at least 55 to live, for security and financial reasons. I intend to buy the home with my funds but title it in my mother's name. We plan to transfer the title to me when I turn 55 and live in the home... View More

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 22, 2025

That would be a very serious mistake for all the reason you mentioned and more. NEVER ever get another family member or significant other or spouse involved with something you own. In addition a 55+ community will have a home owners associate, which I always tell my clients to avoid like the... View More

1 Answer | Asked in Estate Planning, Real Estate Law and Public Benefits for New Jersey on
Q: Can I title a 55+ community home in mother's name and avoid taxes/claims?

I am 53 years old and looking to purchase a home in a 55+ community for security and financial reasons. Since I am not yet 55, I am considering titling the home in my mother's name. I am concerned about potential issues that could arise if she were to pass away or enter a nursing home, such as... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Feb 22, 2025

We are not allowed to give specific legal advise on this website, see the terms of service. That being said it sounds like you need both estate planning a Will and some medicare planning unfortunately a lawyer will charge you for this advise just like a doctor will charge for medical advise its... View More

1 Answer | Asked in Estate Planning and Probate for New Jersey on
Q: How can I obtain a verified complaint form for Essex County NJ- (I am the administrator of my deceased father’s estate)?

My father owned a home in which he and his girlfriend are the deeded owners - it is his only asset and I want to sell. She (GF ) can not afford the home and is simply living there and has not initiated any moves on selling..etc..

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 14, 2025

This is something that you need a Probate Attorney to represent your interests in this matter. Furthermore you are emotionally involved in this matter and not a trained Probate attorney. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a... View More

1 Answer | Asked in Contracts, Estate Planning and Health Care Law for New Jersey on
Q: Does a New Jersey lawyers signature only, with no stamp,qualify as Notary Public ? Having problems with this.

My lawyer states that his signature only, is all that is required.

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 21, 2025

In place of a notary in New Jersey. As an attorney, the attorney signs their name and under it states "An Attorney at Law of the State of New Jersey" I have never had that challenged.

1 Answer | Asked in Real Estate Law and Estate Planning for New Jersey on
Q: I need to alter my moms property deed (Im her POA) as I need to sell her house and my deceased stepfather is still on it

My mom is unable to handle this type work, as she has certain dementia and going into a memory care unit to live. I need to sell her property as part of paying for her care prior to medicaid. The current deed indicates my mother and my step-father (now deceased) as the owners of the property.... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 7, 2025

Mother is probably the owner, but hire a NJ attorney to search the title. You might be able to sell her interests as her attorney in fact, but everything must be for her interests, not yours.

1 Answer | Asked in Estate Planning for New Jersey on
Q: I am trustee for a trust that was created for my brothers benefit Who would beneficiary be. If he passes no wife/kids

Don’t think trust has beneficiaries assigned

H. Scott Aalsberg
H. Scott Aalsberg
answered on Oct 12, 2024

A lawyer would need to read the trust to make that determination on whether this "asset" if you want to call it that passes thru the trust or thru the normal process if he had a will or through intestate succession.

2 Answers | Asked in Estate Planning and Real Estate Law for New Jersey on
Q: The executrix unwilling to divide proceeds equally

My mother’s will left her house, equally, to her 4 children. My sister, who is the executrix, took 3 years to sell the house, without our agreement and now wants to subtract the cost of maintaining the property during that time from our share of the proceeds. What can we do?

H. Scott Aalsberg
H. Scott Aalsberg
answered on Oct 5, 2024

More infomration is needed to properly answer your question so speak with a lawyer. Yes you can fight this, but you will have a hard time winning unless you can show that holding the house for that length of time was unreasonable under the circumstances. Obviously speak with a lawyer but remember... View More

View More Answers

1 Answer | Asked in Estate Planning for New Jersey on
Q: NO CURRENT WILL. I'M 68. MORTGAGE ABOUT $100K. SHOULD I DIE PRIOR TO WRITING, WILL THEY GO AFTER ANNUITY, STOCKS, ETC?
H. Scott Aalsberg
H. Scott Aalsberg
answered on Sep 8, 2024

It is possible under certain circumstances that a mortgage holder may go after your assets if for example you owe more on the mortgage than property mortgaged is worth and you or your heirs are in default. If you have a house that means you have assets and that means you should have a Will. Some... View More

2 Answers | Asked in Bankruptcy, Collections, Estate Planning and Probate for New Jersey on
Q: If a deceased person has credit card debt, is it the responsibility of the executor to pay those cards?
Tim Akpinar
Tim Akpinar
answered on Aug 14, 2024

Attorneys who handle estate-related matters could answer your question best, but you await a response for a week. Your question may have been overlooked in the general "Uncategorized" category. Although some questions do go unanswered on this forum, you could try reposting and adding the... View More

View More Answers

1 Answer | Asked in Estate Planning and Probate for New Jersey on
Q: I have the 1st option to buy my parents house, I dont want it. The executor wants to sell, do I have to sign anything?
Tim Akpinar
Tim Akpinar
answered on Jul 9, 2024

You have this posted under "Contracts," but it's possible it could be something larger than a simple contract for the sale of a house, since you mention an executor. This could be a situation where you might want to consider a consult with an attorney who handles estates, wills, and... View More

1 Answer | Asked in Estate Planning, Banking, International Law and Probate for New Jersey on
Q: How do you get money from an account that was left to a deceased spouse in Puerto Rico?

My husband's grandmother passed away 10 years ago in Puerto Rico. She left him money that his Aunts knew about and never told us. My husband passed away 7 years ago and they're just telling me now about this. How do I claim this money?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 19, 2024

To claim the money left by your husband's grandmother to your deceased husband, you will need to go through the legal process in Puerto Rico. Here are the general steps you should follow:

1. Obtain a copy of your husband's death certificate and his grandmother's will or...
View More

1 Answer | Asked in Estate Planning for New Jersey on
Q: All trusts valid in all 50 states? How is that so?
Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 4, 2024

What is your question? Any trust might be declared invalid in any State with incorrect drafting.

1 Answer | Asked in Estate Planning and Probate for New Jersey on
Q: when the judge says it’s going to trial at a conference what does that mean?

Estate litigation family not getting along .

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 1, 2024

It means that you are not represented by counsel and better retain an experienced Probate attorney right away. Trying to represent yourself in such a complex matter can have grave consequences. Good luck.

1 Answer | Asked in Estate Planning, Family Law and Elder Law for New Jersey on
Q: I am a widow, no children .. can i get a law firm to be my power of attorney
Chen Li
Chen Li
answered on Jun 10, 2024

Yes, you can name an attorney in a law firm as your power of attorney. However, you must be aware that if an attorney is acting as your power of attorney, you may have to pay the attorney a legal fee as your agent and as your attorney. You should consult with an experienced trust and estate... View More

1 Answer | Asked in Estate Planning for New Jersey on
Q: If NJ Will has provision names a specific attorney to help executor(s) adminster estate, do you have to use him?
H. Scott Aalsberg
H. Scott Aalsberg
answered on May 14, 2024

An attorney would need to review the will to give you the proper answer.

1 Answer | Asked in Estate Planning and Probate for New Jersey on
Q: How can I get a Will Validated, or deemed not valid in New Jersey

I need to get my Father's Will be validated or deem not valid to obtain documentation for Puerto Rico Courts. Back up note. He died in Puerto Rico; however, Puerto Rico is asking for documentation from New Jersey Courts to verify that the will is not valid. How do I go about getting this and... View More

Thomas Brett Duffy
Thomas Brett Duffy
answered on May 26, 2024

First, I am sorry to learn your dad passed away. It's not a simple situation anytime.

As to your question, I'd need to know a lot more about the particulars. I take it he was a resident of NJ and died in PR on vacation, visiting relatives, wintering, etc. This happens a lot in...
View More

2 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Civil Litigation for New Jersey on
Q: will title insurance protect my home from my son and his lawyer?they have plans to take and sell the home

deceased wife and myself are on title

son and his lawyer want to cash in

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 4, 2024

Title insurance is irrelevant. You need to retain an experienced mortgage foreclosure defense and civil litigation attorney. Expect to pay for one hour of attorney time to review all the documents and provide you with the best way to proceed. Pick the best attorney you can find and remember one... View More

View More Answers

1 Answer | Asked in Criminal Law, Estate Planning and Family Law for New Jersey on
Q: son in therapy hired lawyer to take dads home son has no car, no friends, no degree, no job

lives at home pays zero, home is trashed

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 2, 2024

You are need to supply significantly more facts and any and all documentation related to this matter. Expect to pay about an hour of time for an experienced litigation attorney to have a consultation with you. Pick the best attorney you can find and remember one rule: a good attorney is generally... View More

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.