Lawyers, Answer Questions  & Get Points Log In

New Jersey Estate Planning Questions & Answers

1 Answer | Asked in Estate Planning and Probate for New Jersey on

Q: Can an executor distribute property to unnamed beneficiaries (if all parties are in agreement)?

My mother would like to give me my late grandmother's house. The estate is still under probate, my mother is the executor and sole named beneficiary. Can she do this as part of the estate, so that it is not subject to gift tax?

Brian Winters answered on Apr 29, 2019

That’s not really a family law question. You should consult with an accountant

1 Answer | Asked in Estate Planning, Family Law and Contracts for New Jersey on

Q: If an ex spouse was awarded 50% of a pension in divorce does her portion pass to her estate upon her death. I live in NJ

I am the only child born to my parents marriage which ended after 25 yrs. The entirety of that time my father worked at, and paid into a company offered pension fund, which my mother was awarded 50% of in the divorce decree. (QDRO) obtained. She predeceased my father, who to my knowledge started... Read more »

Noel Rivers answered on Apr 15, 2019

Yes, in all likelihood, 50% of your father's pension that would have gone to your mother would, therefore, go to her estate. Additional information would be needed to say that is the case with certainty. Any experienced estate administration attorney can assist you with this matter.

1 Answer | Asked in Estate Planning for New Jersey on

Q: If all heirs can't agree on one administrator, will the court appoint more then one administrator

Noel Rivers answered on Apr 15, 2019

It certainly is possible that the court will appoint co-administrators if the heirs are unable to agree.

1 Answer | Asked in Estate Planning for New Jersey on

Q: Can the executor of an estate use funds from the estate to make a donation without the consent of the beneficiaries

the executrix of my aunt's estate made a $5000 donation to a charity of her choice, not named in the will, without the consent of the beneficiaries

Noel Rivers answered on Apr 15, 2019

No, an executrix cannot make a unilateral donation of any amount whatsoever, without having clear, written authorization from the decedent. You would need to read the will and any codicils carefully to see if it contains any provision for a charitable donation.

2 Answers | Asked in Estate Planning, Real Estate Law, Tax Law and Probate for New Jersey on

Q: We want to buyout our mother, but her name must remain on the dead. How can we make it so that she has < 1% ownership?

My sister and I each inherited 1/4 of a vacation property in Brigantine NJ upon our father’s death. Our mother owns the other half. My sister and I have been paying the mortgage for 5 years now and we want to invest a large amount of money on repairs and improvements. We want to buyout our... Read more »

Leonard R. Boyer answered on Mar 30, 2019

Your question is far too fact specific and beyond the scope of this forum. Your situation will require an in person consultation and detailed analysis. This is beyond the scope of what most attorneys would handle in a free consultation. This is a very complex situation, more so than you probably... Read more »

View More Answers

1 Answer | Asked in Estate Planning for New Jersey on

Q: Can an auto loan that dad co signed go after his estate if signer is not paying monthly note? Monet is sitting in est

Dad passed I am executor all left to my mom.

Money is in estate account.

Worried monthly car payments are not being made.

H. Scott Aalsberg Esq. answered on Mar 4, 2019

Maybe, but yes you should be worried as the estate may be liable. An attorney would need to review the document to tell you for certain.

1 Answer | Asked in Estate Planning for New Jersey on

Q: my uncle died with a predeceased sister and two alive brothers. Are the children of my predeceased aunt heirs as well

my uncle died without a will leaving only two alive brothers. One brother renunciated to the other and I (niece) have been handling the Estate. Are the children of my predeceased aunt entitled to per stirpes? If so, are they supposed to renunciate as well making my alive uncle the administrator.... Read more »

H. Scott Aalsberg Esq. answered on Feb 9, 2019

We are not supposed to give you specific answers to legal questions site only general answers. I would suggest to get specific answers on what to do, that you setup a consultation with a local lawyer. It may cost a few hundred for the advise, but its better than getting sued later on for doing... Read more »

1 Answer | Asked in Estate Planning and Elder Law for New Jersey on

Q: how Protected is a home from a nursing home that the patient will not be returning to? Will it have to be sold to pay?

Nursing home has gotten 300,000 and we don’t want them to get the home too. She has two sons that want to keep it however my husband took guardianship over her 6 months ago

H. Scott Aalsberg Esq. answered on Jan 5, 2019

If its a bill it must be paid, you got the services and agreed to the price they can sue.

1 Answer | Asked in Estate Planning, Elder Law and Probate for New Jersey on

Q: Can a conservator in NJ be changed?

My husbands’ parents have a conservator, but he is intimidating them and bullying them. They were tricked into signing affidavits by their daughter, who is only concerned about her inheritance, saying they are incompetent. Not until after the conservator was appointed, did they know what the... Read more »

Ben F Meek III answered on Jan 3, 2019

Conservatorship usually requires the consent of the wards. They need to get an attorney, if they are being abused emotionally or financially or if they gave their consent under duress or false pretenses. If they truly lack capacity, guardianship is probably the more appropriate remedy, since... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for New Jersey on

Q: I am the executor of moms will. Only my sister and I to inherit the house (25% her). Mom only had a 5,000$ insurance.

But had no beneficiary named. Possibly my sister tho. I am on joint bank account w/ mom. Also I am living in the home and took complete care of her when she was sick. Can I as executor find out who was paid if it was sister and when the money will be paid to? Also is the joint bank account... Read more »

H. Scott Aalsberg Esq. answered on Dec 22, 2018

These free answer sites are not setup for specific advise and answers that you can rely on. I suggest you speak with an estate lawyer.

1 Answer | Asked in Estate Planning for New Jersey on

Q: Like-kind exchange with siblings for inherited property?

I am the executrix of my dad's estate. Myself and my three sisters are named in the will. The estate tax has been paid. There is a house that is part of the will (equally split) I'm going to be taking over to live in. It's presently still in my dad's name. There was an agreed upon value put on it... Read more »

H. Scott Aalsberg Esq. answered on Nov 30, 2018

Best way is to hire an estate planning lawyer, what your asking can be very complicated and has many possible pitfalls and not meant for a short question and answer forum which is basically to tell people whether they should speak with a lawyer or not.

1 Answer | Asked in Estate Planning for New Jersey on

Q: How to protect purselves from administrator make false statement to surrogate court?

Mother died without will. Her son was made administrator. Has now lied to surrogate court about reason for property not selling yet stating one of three beneficiaries who lives in the home and served as caretaker refuses to move. This is not the case and we are worried that this could mean trouble.... Read more »

Mr. Kenneth Albert Vercammen Esq. answered on Nov 15, 2018

Removing the Administrator who fails to comply with responsibility

Under New Jersey Law, the person who agrees to accept the numerous legal responsibilities following the death of the person needs to liquidate assets, pay bills and taxes, file all necessary court and tax returns, then...
Read more »

1 Answer | Asked in Estate Planning for New Jersey on

Q: How do I file an affidavit?

H. Scott Aalsberg Esq. answered on Nov 10, 2018

The answer depends on the type of affidavit and what it's for.

1 Answer | Asked in Estate Planning and Probate for New Jersey on

Q: In NJ, does a secured debt mortgage on a house passed to a devisee get paid off before a credit card company?

After following Order of Priority to pay other claims, a small amount of decedent's money is left. None has yet been applied to mortgage on house or credit card bill. Can money be totally applied to mortgage and then credit card gets nothing (because mortgage is secured loan and credit card is... Read more »

Leonard R. Boyer answered on Oct 30, 2018

Yes, the mortgage has priority over other debts.

1 Answer | Asked in Estate Planning and Probate for New Jersey on

Q: If an insurance policy check is put into an estate account does that make it part of the estate?

I am the executor of my mother’s estate. My sister received a life insurance check because she was the beneficiary. We both knew that this was for funeral expenses so she asked me what account to put it in and I told and she put in the estate account. Now she wants to check back. Is this check... Read more »

Jay Schmerler answered on Oct 15, 2018

If the insurance check is related to a policy refund or some claim made by or for the decedent, then those funds are part of the estate. It should be deposited into the estate account and can then be used for any estate expenses. I don't understand why your sister "wants it back". If it was your... Read more »

2 Answers | Asked in Estate Planning and Real Estate Law for New Jersey on

Q: I inherited house upon dads death. Cousin was staying there as she lost her home. Can I evict?

she has not paid anything for over a year for water, taxes etc. The home has gone to me and my brother and we have given her several changes to leave or pay a fair monthly amount. She ignores everything. It is actually costing me money for her to live there. I am a single mother and recently... Read more »

H. Scott Aalsberg Esq. answered on Oct 10, 2018

Sure, but I suggest that you hire a lawyer to handle the eviction process.

View More Answers

1 Answer | Asked in Estate Planning and Probate for New Jersey on

Q: in my mothers will all 3 of my sisters and I will inherit her home. should we put it in a trust? to avoid probate?

H. Scott Aalsberg Esq. answered on Oct 6, 2018

Depends, we would need to know much more information to determine that. That being said for most individuals with assets of less than 5 million a will works just fine. Just make sure her will is recent (i.e updated within the last 5 years) and drafted by a lawyer. Lastly probate in NJ is not... Read more »

1 Answer | Asked in Estate Planning for New Jersey on

Q: Would there ever be a reason to put land plots into a trust for estate planning purposes?

H. Scott Aalsberg Esq. answered on Sep 7, 2018

Yes reasons could exist, but it generally for saving money on taxes which is not as important now with the new higher limits.

1 Answer | Asked in Estate Planning for New Jersey on

Q: How is augmented estate (on which the percentage of elective share is based) calculated in NJ?

What effect, if any, does the amount of the surviving Spouse’s assets have on the elective share the surviving spouse claims from the decedent’s estate.

H. Scott Aalsberg Esq. answered on Sep 6, 2018

This is a very complicated area in which a lawyer would need a lot of time to explain for your particular situation, but basically in overly simplified terms the surviving spouse will only be entitled to approximately 1/3 of the other spouses assets (assuming the spouses live together at the time... Read more »

1 Answer | Asked in Estate Planning and Elder Law for New Jersey on

Q: I asked my youngest sister to get a advance directive for my father and put a ex wife on paperwork instead of me her bro

I am oldest son , i feel i should of been on paperwork

H. Scott Aalsberg Esq. answered on Sep 3, 2018

The decision is made by your father not by anyone else including your sister or you, if he's doing this advance directive while he is still of sound mind and body

Justia Ask a Lawyer is a forum for consumers to get 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 you and Justia, or between you and any attorney who receives your information or responds to your questions, 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.