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New Jersey Probate Questions & Answers
1 Answer | Asked in Probate for New Jersey on
Q: I am co-trustee on a will, can I get bank, credit card & other information myself if Executer refuses to provide the

Will is clear about beneficiaries & distribution of assets. I have asked twice to get basic accounting about assets, liabilities, transactions, etc but Executor is refusing to provide this. No estate value with backup has been provided prior to death to present. Death was 7 month's ago in... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Mar 16, 2017

You cannot be a 'trustee' of a will. If you are indeed co-trustee of the TRUST then you can get access to TRUST information, but not necessarily the information concerning the Probate Estate or will.

There is enough confusion here that you REALLY need to hire an attorney to...
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1 Answer | Asked in Probate for New Jersey on
Q: Does money from an inherited IRA have to be used to pay off the deceased debts?
Kenneth V Zichi
Kenneth V Zichi
answered on Mar 13, 2017

If the inherited IRA listed a beneficiary directly, then probably not.

If the inherited IRA passed through probate then probably.

Without a full examination of the facts however, it is impossible to say for sure. Seek local legal guidance from NJ (Assuming that is where the estate...
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1 Answer | Asked in Probate for New Jersey on
Q: Can I probate a will in ocean county nj. 1) I am not the executor, but am named in the will and I have the original one

2) My family is not on speaking terms. And we feel that my brother and his girlfriend kept our mom from us for 3 years . and we now think they made my mom make a new will. How can we find out.

H. Scott Aalsberg
H. Scott Aalsberg
answered on Feb 21, 2017

In general a will is not published until it is probated. Thus in general it will remain secret until she dies or wants to tell you.

1 Answer | Asked in Probate and Real Estate Law for New Jersey on
Q: my moms death certificate is still wrong due to my step father putting "married" and "living partners" . Nothing is done

My mother passed away and left me with 60% her share and my sister with 10% her share . I have a second sister who received 30% of my mothers share . My mothers boyfriend owns 50% of the house , so my share is 30% . I currently reside in the living room of the house while my sister who owns only 5%... View More

Leonard R. Boyer
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answered on Jan 12, 2017

Your math does not add up. You really need to clarify everything and rewrite this question.

1 Answer | Asked in Family Law and Probate for New Jersey on
Q: My sister is the beneficiary of my mom's will. She won't execute any of it and is making her own rules

My mom passed a little over a year ago. I used my life insurance to keep the house from foreclosure plus$1,5000 just to get my sister to claim beneficiary of Will. Since she did she is trying to make her own rules. Making my dad as owner of house when he's not in will plus the rest of the... View More

Leonard R. Boyer
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answered on Nov 22, 2016

To properly answer your questions and address your concerns, the best way to handle this is with an in person consultation with an experienced mortgage foreclosure defense attorney and a probate attorney. Good luck.

1 Answer | Asked in Real Estate Law and Probate for New Jersey on
Q: Is there a time limit on selling my dads house to finish dispersing his estate in Jersey?

My father in law passed away almost two years ago. House was left to his five children. One of those is the executor.

Leonard R. Boyer
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answered on Aug 18, 2016

Not specifically, but everything needs to be done in a reasonable time. You should retain counsel to help you through this and all other matters. Good luck.

1 Answer | Asked in Probate for New Jersey on
Q: My brother and I disagree on whether to liquidate our inheritance. Can I bring an action to do so?
Mr. Kenneth Albert Vercammen
Mr. Kenneth Albert Vercammen
answered on Aug 9, 2016

depends on what the will says and who is the executor

1 Answer | Asked in Foreclosure, Estate Planning, Probate and Real Estate Law for New Jersey on
Q: My mom passed with 2 reverse mortgages & no equity. No will, no ins, no funds, but debt. Can we walk away from estate

My mother gambled, thought she was going to win the lottery, the horse races, the big jackpot. When we would try to talk sense into her, she stopped talking to us. I was personally shut out for the last 8 years. Now she has passed with no will, no insurance policy, no funds, but plenty of debt.... View More

Leonard R. Boyer
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answered on Aug 2, 2016

You need to consult with counsel and go over this matter in detail.

1 Answer | Asked in Real Estate Law, Elder Law and Probate for New Jersey on
Q: What are the financial obligations of a person granted a lifetime right to occupy a property in NJ? (not a life estate)

The question is specifically meant with regard to repairs to the home that are not related to normal wear and tear - for example, if the property has termites, foundation issues, or needs a new roof before and at the time that the right to occupy was granted. Is it the responsibility of the estate... View More

Mr. Kenneth Albert Vercammen
Mr. Kenneth Albert Vercammen
answered on Aug 9, 2016

often depends on what the will says if a will granted life tenancy.

see

Life Estate: Who Pays What?

This article provides a simple overview of the responsibilities of a life tenant in regards to a life estate. The information contained herein should not be relied upon for...
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1 Answer | Asked in Estate Planning and Probate for New Jersey on
Q: My father passed 14months ago here in NJ had no will, his wife is keeping everything and continues to sell things of his

She refuses to give anything to me or my brother we are from a previous marriage. She is keeping everything for herself. She won't even give us a shirt to have of his. But she has given our step brother a very expensive necklace of our fathers, whien he is not his legal son not even adopted.... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Jun 11, 2016

I would suggest that you setup a consultation with a lawyer immediately as certain statutory deadlines exist and you also don't want her spending the money. A lawyer will charge you for the consultation but it may be worth it to you.

2 Answers | Asked in Estate Planning and Probate for New Jersey on
Q: We know my dad had a will but we dont know the lawyer my mom is hiding everything from us. She never went to probate for

My dads assets. What can we do ?

H. Scott Aalsberg
H. Scott Aalsberg
answered on Jun 11, 2016

You need to setup a consultation with a lawyer to discuss your case, we cannot give you specific legal advise as to your circumstances on this site.

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1 Answer | Asked in Probate and Real Estate Law for New Jersey on
Q: Hi , my dad passed away in 2014 from septic shock, my mom hired a lawyer (my friend) but on the other hand my mom still

Had to go to probate. My dad had 2 cars , home, bank accounts, life insurance. My mom told us she went to probate cpurt a year ago but lied to us. She told the lawyer my dad was a spender and it was a lie. She sold his one collectors car never driven, took all money from his accounts and my sisters... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Jun 11, 2016

You need to setup a consultation with a lawyer, a lawyer will charge you for the advise but it sounds like it would be well worth the cost.

1 Answer | Asked in Estate Planning and Probate for New Jersey on
Q: My father died w/a will in nc -my brother and I all assets. I am the executor. Remarried 2 years, what would she be get

My father paid cash for the house (his name and new wife name) - two cars and a boat- he has $40,000 in investments all in his name only. She says there is no money but he had 750,000 5 years ago-

H. Scott Aalsberg
H. Scott Aalsberg
answered on Jun 7, 2016

You need to take the Will into an attorneys office for him/her to read it only then can they tell you what your entitled to.

1 Answer | Asked in Probate for New Jersey on
Q: I have a hearing at a court about my deceased father real state, if i don't go do i receive nothing?

He died without will

he lived in California, USA

He died in california USA,

He has a wife and other kids

i'm 28 years old

H. Scott Aalsberg
H. Scott Aalsberg
answered on May 24, 2016

Maybe, I suggest that you contact a California licensed lawyer as you posted your question in NJ

1 Answer | Asked in Estate Planning, Probate and Real Estate Law for New Jersey on
Q: Can step children stop the sale of a home in PR?

My dad was married, his wife predeceased him in 2013. He passed in 2015. The deed to the house is in both their names. I am his biological daughter and executrix of his will that was drawn up in NJ. Can the heirs (step children) stop me from selling the house, which is what my father requested to... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Apr 19, 2016

Possibly but more information would be needed to answer your question including a reading of the will and the probate papers.

1 Answer | Asked in Probate and Real Estate Law for New Jersey on
Q: My wife died recently. Can I sell the apartment we owned together in PR or do I first have to take her name off the deed
Leonard R. Boyer
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answered on Apr 30, 2016

You have to repost this in the PR section. NJ law does not apply to PR.

1 Answer | Asked in Probate for New Jersey on
Q: how is the inheritance divided in Puerto rico between half brothers and sister if your bother dies and leaves no will
Leonard R. Boyer
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answered on Mar 30, 2016

You have to ask the question in the Puerto Rico section.

3 Answers | Asked in Estate Planning and Probate for New Jersey on
Q: mother died in NJ had a last will ( 4 inheritors) PR. Do we need to declare inheritors? She Resided last NJ.

There are 4 inheritors (1-biological child, 1 legally adopted child and 2 grand children from a deceased son)** in the will; we are all adults. However, my sister continues to say we need a declaration of inheritors. Is this correct?? There is a property in Puerto Rico (2 houses) First house fully... View More

Leonard R. Boyer
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answered on Mar 30, 2016

Everyone has to be declared. You should retain a Probate attorney to handle this matter for you. Good luck.

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2 Answers | Asked in Estate Planning, Family Law and Probate for New Jersey on
Q: My dad is dead mom passed2/4/15 no will my sister & i can we keep the only house without probate?

The house is in there name. My sister want nothing to do with yhe house. How to transfer the taxes? My sister said she need to pay to get my fathers name off the house he died 2001 mom next her death 2/4/16 then her.

H. Scott Aalsberg
H. Scott Aalsberg
answered on Feb 9, 2016

No you need to go to the probate court. I suggest a lawyer

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2 Answers | Asked in Probate for New Jersey on
Q: My father died in 2014, his wife (step mom) just passed away. how do we ensure we are not left out of the process?

my father (5 children) step mom (three children). how is property divided and do I or my brothers have any chance for inheritance.

H. Scott Aalsberg
H. Scott Aalsberg
answered on Jan 10, 2016

Much more information is needed to answer your question. I suggest that you seek an in office consultation with a lawyer. Most of us offer low cost consultation for probate matters.

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