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New Jersey Probate Questions & Answers
1 Answer | Asked in Probate for New Jersey on
Q: What court in Nj do I file a complaint against the executor of my mothers will for fraud?
Jake Causing Santos
Jake Causing Santos
answered on Jun 3, 2012

You file such an action in the NJ Superior Court, Chancery Division - Probate Part in the county where the Will was admitted for probate (which will be your mother's county of residence at the time she died), but the actual papers are physically delivered to the Surrogate Court for the County.

1 Answer | Asked in Probate for New Jersey on
Q: My father passed away 7 years ago. The will was never probated, can I probate the will today?
Jake Causing Santos
Jake Causing Santos
answered on Jun 3, 2012

Yes you can so long as it is the original Will, the Will was properly executed, and nobody files an action to stop the probate of the Will. Our firm may be able to assist since probate is one of our practice areas.

1 Answer | Asked in Probate for New Jersey on
Q: I am executer of my aunts will-her assets are all in savings accounts that are jointly held by the two of us....

Do i need to put this will in probate to distribute her assets among myself and a handful of other relatives?

Jake Causing Santos
Jake Causing Santos
answered on Jun 3, 2012

Probably not, but any money you distribute from the account to other relatives may be considered a gift from yourself to the other relatives which could raise gift tax issues with the IRS. In addition, since the decedent was your aunt, you may have to pay NJ Inheritance Taxes which can be between... View More

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