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New Jersey Estate Planning Questions & Answers
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
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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

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1 Answer | Asked in Estate Planning for New Jersey on
Q: Can I type up my own Last Will and Testament (NO LAWYER), Witnesses & sign in presence of notary...IS IT VALID IN NJ?

Would it be valid in NJ? What about those "Will kits" that Staples sells, are they valid? Also can I do the same for a POA document?

H. Scott Aalsberg
H. Scott Aalsberg
answered on Apr 29, 2024

If done correctly it certainly could be valid, the problem is many aren't and thats where your heirs will spend tens of thousands of dollars and can take years to settle your estate where as if you just spend a few hundred more you could have saved them all that trouble. Be smart hire a lawyer... View More

1 Answer | Asked in Estate Planning, Banking and Probate for New Jersey on
Q: Trying to settle a bank account of my mom who passed. It’s under $7k and they ask for entitlement document or something.

What type of document is this, is it a next of kin document? Does this document need to be filed in court or can I fill it out and just have it notarized? Bank account opened in New Jersey but she was living in the Philippines at the time of death. No will and she didn’t list a beneficiary on the... View More

James L. Arrasmith
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answered on Mar 11, 2024

In this situation, the bank is likely requesting documentation to establish your legal right to claim the funds in your mother's account. This is a standard procedure when the account holder has passed away, and there is no designated beneficiary or joint account holder.

Since your...
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1 Answer | Asked in Estate Planning, Family Law and Elder Law for New Jersey on
Q: I want to know if I can gift my car and IRA account to my disabled child without a penalty from medicaid.

I read that this is possible and would like to know how to do it.

Nina Whitehurst
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answered on Feb 21, 2024

The car is easy. Just transfer the title to your child, but only do this if your child is capable of managing a car. If he/she is not, then see an estate planning attorney about other options.

The IRA is not so easy. If you cash out the IRA and retitle it to your child, that will be a...
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1 Answer | Asked in Estate Planning and Family Law for New Jersey on
Q: I asked my Grandma for help with a rehab program that costs $30k - she told me to ask the Power of Attorney.

Can my Grandma make the decision on her own? Can the Power of Attorney make the decision on her own? The Power of Attorney told me that she has to ask my mother, who is scheduled to receive an inheritance (and said no). Are they all playing me? Who has the real power to re-allocate the funds?

Richard Diamond
Richard Diamond
answered on Jan 5, 2024

Im going to give you fatherly advice since the question has nothing to do with the law - a primary reason your grandmother gave someone power of attorney over her assets was to protect her from making decisions based purely on emotion. 30,000 is an extraordinary amount of money to ask anyone for... View More

1 Answer | Asked in Estate Planning for New Jersey on
Q: My sister has durable poa n I am name second n bro thrd. as am being left out n they both been stealing sister delegated

I am second backup if sister step down etc. Her n my brother are using poa to defraud assets of estate

Nina Whitehurst
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answered on Nov 20, 2023

You probably need to hire an attorney to petition the court to appoint you as conservator over the person they are looting. Then as conservator you can sue them for return of the stolen assets. Fair warning: This kind of litigation can be quite expensive, but if you prove your case usually the... View More

1 Answer | Asked in Family Law, Probate and Estate Planning for New Jersey on
Q: My brother told me dad changed him to the beneficiary the week before he passed which wasn’t true what do I do?

I went to New Jersey to help plan funeral services and when I arrived he blocked me on facebook our way of communicating. At the funeral home the director said I had to sign a paper making him the executor. I asked what would happen to everything in April well month after month my brother told me... View More

James L. Arrasmith
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answered on Nov 5, 2023

In this situation, it's crucial to seek legal guidance from an attorney who practices probate or estate law in New Jersey. They can help you understand your rights and the proper procedures for contesting the beneficiary designation if it was indeed changed under suspicious circumstances. You... View More

2 Answers | Asked in Civil Litigation, Gov & Administrative Law and Estate Planning for New Jersey on
Q: My boyfriend co-signed with me on the purchase of a vehicle, and we are both on title. I have made and continue to make

all the car payments, and we are both on the loan. My boyfriend died a couple years ago, and I now want to put the vehicle in only my name, except motor vehicle requires a copy of the death certificate, which the family will not give me. What recourse do I have to require them to give me a copy of... View More

Richard Diamond
Richard Diamond
answered on Sep 6, 2023

You need to meet with an estate planning lawyer to educate you on what steps you need to take to transfer the title to the car into your name alone. While you may have made all of the payments, my concern is whether his estate makes a claim against you for their "share" of the value of... View More

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1 Answer | Asked in Estate Planning for New Jersey on
Q: are their ways around power of attorney?

My aunt has power of attorney over my grandfather. He is pretty healthy and of sound mind. She decided that they are selling his house and moving him. Are their ways to stop this?

Richard Diamond
Richard Diamond
answered on Jun 12, 2023

So long as your grandfather is still of sound mind, he has the right to change the POA designation. My suggestion is that you and your grandfather schedule a meeting with an experienced estate planning lawyer to discuss the plan to sell his home and whether he wants to change the POA designation to... View More

2 Answers | Asked in Business Law, Tax Law, Estate Planning and Probate for New Jersey on
Q: If a business owner passes away and was married at the time who does the business go to if the is no will ?
Cesar Mejia Duenas
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answered on Jun 1, 2023

There are two set of rules here. First, the rules of the business entity (operating agreement, bylaws, partnership agreement, etc.), and the Florida Laws. The interest in the business entity sometimes has a transfer on-death provision. If the interest in the business passes to a certain beneficiary... View More

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1 Answer | Asked in Estate Planning and Family Law for New Jersey on
Q: Legal next of kin of a deceased missing

My niece whom I haven't had contacts for over 10 years just passed away in New Jersey. She is single and both of her parents are deceased. She has one son 25 years ago when she was an unwed teenager and she gave him to his father to raise. I am not aware if they have any relationship and I... View More

Richard Diamond
Richard Diamond
answered on Apr 17, 2023

It sounds like her estate is comprised of debt as opposed to assets and presuming I am correct, not sure how you can take what remains of her assets to pay for her funeral costs while not using that same money for payment of her outstanding secured debts ( ie child support).

While your...
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2 Answers | Asked in Estate Planning and Real Estate Law for New Jersey on
Q: Question regarding a one dollar property deed transfer and a life estate right on the same document

I have a deed where the grantor transferred property to grantee for 1$. In the same deed the second sentence is that the grantor conveys a Life Estate to the grantee for his natural life. The grantor later made a will and left the same property to the different person, and no taxes of any type... View More

Peter J. Weinman
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answered on Apr 11, 2023

You said the grantor conveyed a life estate to the grantee but you probably meant "grantor**." Anyway, provided the earlier deed was recorded (you did not specify - you only said you had it) the grantor's Will matters not because AT MOST he retained a life estate that dies with him,... View More

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2 Answers | Asked in Estate Planning for New Jersey on
Q: We are interested in creating a Living Trust in NJ. Asset=House to 2 children, Bank accounts = to 2 children. What is t

Asset=House to 2 children, Bank accounts/annuity = to 2 children. What is the process/concerns. Would like to avoid probate. Or should we create a different document?

Morris Leo Greb
Morris Leo Greb
answered on Mar 9, 2023

Firstly, probate in NJ is very simple and not complicated. I do not suggest irrevocable trusts as life is uncertain. With an irrevocable trust, the grantor (creator of the trust) loses substantial control of the assets. Thus as life's needs changes, the grantor may not be able to change the... View More

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2 Answers | Asked in Estate Planning for New Jersey on
Q: We are interested in creating a Living Trust in NJ. Asset=House to 2 children, Bank accounts = to 2 children. What is t

Asset=House to 2 children, Bank accounts/annuity = to 2 children. What is the process/concerns. Would like to avoid probate. Or should we create a different document?

H. Scott Aalsberg
H. Scott Aalsberg
answered on Mar 9, 2023

Unless you are willing to give them all your assets now a living trust in NJ doesn't really accomplish avoiding probate in most cases in NJ. They are great outside of NJ, but not in NJ and thus the reason they are rarely used in NJ. Other process's however may accomplish your goals.... View More

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1 Answer | Asked in Probate and Estate Planning for New Jersey on
Q: In NJ, is it fraud to make distributions dependent on signiture not to sue if willfull misconduct is later discovered?

Executor/trustee insists he won't give anything until all beneficiaries sign a document which says they agree that the will and trust documents state that the beneficiaries have no right to an accounting. The document also states that they cannot sue for any purpose, even if facts are later... View More

Morris Leo Greb
Morris Leo Greb
answered on Feb 20, 2023

Are you referring to a release and refunding bond or another document. If a release and refunding bond, you may insist on amending the document so the release excludes waiving any rights against the executor for improper action but the refunding bond should be signed if written in the traditional... View More

1 Answer | Asked in Estate Planning, Landlord - Tenant and Real Estate Law for New Jersey on
Q: I am the sole executor of an estate and owner. Can I evict a beneficiary staying in the home illegally without council?

The house is located in a 55 and older co-op community in Ocean County NJ. My sister-in-law (who is a 50/50 beneficiary) had until August 10th 2021 as per the bylaws of the co-op to relocate. She has refused to pay anything or leave for 2 years. She is on probation facing new charges and is... View More

Morris Leo Greb
Morris Leo Greb
answered on Feb 15, 2023

The first issue is that you failed to indicate in which NJ county the property is located. The best solution would be to retain the services of a local attorney who has estate and landlord - tenant experience as there may be other choices in addition to ejectment such as a partition action.

2 Answers | Asked in Estate Planning and International Law for New Jersey on
Q: I have a friend in Guyana, who wants me to open account here in the USA for inheritance money. I have a bad feeling.
James L. Arrasmith
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answered on Mar 4, 2023

It is important to be cautious in situations like this. Scammers may try to use inheritance or other financial schemes to trick people into giving them access to their money or personal information. It is important to never give out personal or financial information to someone you do not know and... View More

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2 Answers | Asked in Estate Planning, Real Estate Law and Probate for New Jersey on
Q: Joint Tenancy between Parent & Child Parent dies Will has Child as Executor; Beneficiary 100%.Does will need Probate?

Parent and Child is on the Deed . Parent dies and left Will with Child as Executor and 100 Beneficiary. Is there any reason the Will would have to be probated ? Doesn’t the survivor assumes 100 percent of the property is Deeded to both?

Leonard R. Boyer
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answered on Nov 25, 2022

There is no way to avoid probate and you will have to have a new deed recorded. Whether or not there is a mortgage may raise additional issues. You really need to have a virtual or in-person consultation with an experienced attorney. Good luck.

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2 Answers | Asked in Estate Planning, Family Law and Elder Law for New Jersey on
Q: NJ: 92 y.o. mom asking for legal document stating my husband & I are NOT RESPONSIBLE for paying her debt/medical bills

In New Jersey: 92 year old mom asking for legal document stating my husband & I (we are both over 55) are NOT RESPONSIBLE for paying ANY of her debt, bills, medical bills, nursing home bills, etc. Nor will we participate in some kind of "Trust" she is setting up. Oldest brother is... View More

Richard Diamond
Richard Diamond
answered on Nov 12, 2022

Your mother is 92 years old and your oldest sibling is in charge of her financial affairs and he refuses to answer any of your questions as to the status of her assets and expenses and you are therefore fearful that she will pass leaving debt.

I am guessing that there was a discussion...
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2 Answers | Asked in Estate Planning, Family Law and Elder Law for New Jersey on
Q: NJ: 92 y.o. mom asking for legal document stating my husband & I are NOT RESPONSIBLE for paying her debt/medical bills

In New Jersey: 92 year old mom asking for legal document stating my husband & I (we are both over 55) are NOT RESPONSIBLE for paying ANY of her debt, bills, medical bills, nursing home bills, etc. Nor will we participate in some kind of "Trust" she is setting up. Oldest brother is... View More

Morris Leo Greb
Morris Leo Greb
answered on Nov 12, 2022

You will be responsible for all debts incurred by your mother if you signed as a co-applicant when your mother applied for credit cards. You will also be responsible for all credit extended for which you cosigned. In addition you along with siblings may be responsible for debts incurred if your... View More

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