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New Jersey Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning for New Jersey on
Q: My mother died. She was not married. I'm the only child. how do I get access to her bank account/financials?

Mother was a NC resident and died in NC. I am a NJ resident. I was told I need a letter of testimentary in order to gain access to her account. When I started to fill out the application for this letter, one of the questions it asks is the account balance of her bank account. I don't have this... Read more »

Noel Rivers
Noel Rivers answered on Mar 2, 2021

Please be advised that I am not an attorney in North Carolina so I am unable to give you legal advice.

If your mother died in New Jersey I would tell you to contact the surrogate’s court in the county where your mom died and ask for assistance. Some surrogate courts have a website as...
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2 Answers | Asked in Real Estate Law, Probate and Estate Planning for New Jersey on
Q: Grandfather passed away with no spouse father passed away 2 months after no will was made who inherents the estate

Im am the grandson and attempting to begin the probate process i assume...

Kevin E. Flynn
Kevin E. Flynn answered on Jan 20, 2021

I am sorry for your loss. This question was pushed out to patent attorneys and does not belong there. I am responding so that the question it linked to the right groups.

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1 Answer | Asked in Divorce, Tax Law, Estate Planning and Probate for New Jersey on
Q: My ex wife has recently passed away. Am I or my daughter responsible for any or all of her bills?

My ex-wife passed away last week. She was rushed to the hospital and had no medical insurance. Our daughter is a full time college student, and has just turned 21. Is my daughter responsible for her mother's medical bills? Or any other bills? Such as back taxes her mother owed?

Am I... Read more »

Tim Akpinar
Tim Akpinar answered on Dec 30, 2020

I'm very sorry for your family's loss. If you wanted to try reposting and adding Probate and Estate Planning as categories, you could have better chances of a response. There's no guarantee all posts are picked up, but it sounds like something where an attorney could give more... Read more »

1 Answer | Asked in Estate Planning for New Jersey on
Q: My husband died and has grown son no will presen. His parents left him and his sister a home still not sold.

Died suddenly. Parents will says to decide equality with sister. Does surviving spouse entitled to estate of the inheritance once home is sold. House is in NJ. Spouse died and lived in Florida

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Dec 9, 2020

If your spouse lived and died in Florida, you need to speak to a Florida Lawyer.

1 Answer | Asked in Estate Planning for New Jersey on
Q: What does this mean? 3B:21-4 - When removal will be denied whatvdoes all that mean hwo does it apply to?

What does all this mean? What exactly is any other instrument?

Justia US Law US Codes and Statutes New Jersey Code 2009 New Jersey Code TITLE 3B - ADMINISTRATION OF ESTATES--DECEDENTS AND OTHERS Section 3B:21 3B:21-4 - When removal will be denied

View the 2019 New Jersey... Read more »

Richard Diamond
Richard Diamond answered on Dec 8, 2020

This is an estate question - better submitted to an estate law specialist. Family law attorneys specialize in divorce, post-divorce, domestic violence matters, custody and support issues, and related type claims in the family court system. I gather someone has passed and there is a dispute over... Read more »

1 Answer | Asked in Estate Planning and Probate for New Jersey on
Q: Husband died intestate in NJ. I am administrator. there are 3 children....no property only cash. what is the law

there is only 60,000 left after bills but I am confused on the law when it says ...spouse gets 25% but not less that 50,000 or more than 200,000....Do I keep the 60,000 with out sharing or ??? Im confused

Derek John Soltis
Derek John Soltis answered on Dec 4, 2020

I am sorry for your loss. The division of property depends on whether these are also your children or un-adopted stepchildren. If they are your and your husband's kids, you keep everything.

If you have step-children, you probably should talk to an attorney because the division of...
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1 Answer | Asked in Estate Planning for New Jersey on
Q: Hello i am in an estate for a will. I just gave lawyer ssn dob, address and full name. What is this for. I am in NJ

I am a beneficiary

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Nov 23, 2020

The answer would depend on who you are in relation to the will. Are you an executor, beneficiary, trustee, guardian etc.

1 Answer | Asked in Estate Planning and Family Law for New Jersey on
Q: My father died intestate in NJ Only real asset is escrow on apartment of 1k a Pension has no beneficiaries.

Pension people will not talk to me until I have small affidavit

Pension is minor but I don’t know total. They won’t tell me without affidavit

which I can’t get until Iknow

Richard Diamond
Richard Diamond answered on Nov 12, 2020

While this is a "family matter", it is best answered by an estate law specialist and not a divorce and family law attorney or a general practitioner. I am sure that there are a million lawyers out there that will be happy to give you an answer or suggest that you meet with them but you... Read more »

1 Answer | Asked in Probate and Estate Planning for New Jersey on
Q: My father had no spouse but children

My father died intestate but he had no spouse but had 3 children from his ex spouse my mother

Richard Diamond
Richard Diamond answered on Oct 29, 2020

This question is best answered by a lawyer who specializes in estate work - my suggestion is that you look for a lawyer who specializes in estates and trusts and schedule a consultation with him / her. I dont know how much money your dad had at the time of his passing or whether he owned any real... Read more »

2 Answers | Asked in Contracts, Criminal Law, Elder Law, Estate Planning and Probate for New Jersey on
Q: Lawyer drafted a trust, will and POA document. Less than two years later POA/Trustee is being taken to court by benefici

Beneficiary has evidence to prove the POA/Trustee is breaching his fiduciary duties. Beneficiary hires a lawyer. His lawyer petitions the court for a discovery which is denied. Judge orders a deposition of the POA/Trustee. My lawyer failed to reveal a significant amount of info to persuade the... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Oct 19, 2020

You didn't ask a specific question, I suggest that you seek an in office consultation to get a second opinion if you don't like what your lawyer is telling you or what he is asking you to do. That being said expect a lawyer to charge you for his time and advise.

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1 Answer | Asked in Estate Planning for New Jersey on
Q: Regarding an irrevokable living trust, if a trustee who is a beneficiary passes away prior to the grantor and there is a

Per stirpes designation, do the descendents of the deceased have claim to the deceased persons share of the asset or does the other beneficiary receive the deceased persons share ? Ex; parents are grantors, two siblings r beneficiaries and one sibling passes prior to grantors. Does other sibling... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Oct 16, 2020

An attorney would need to read the trust documents as that could change your answer, but generally if one child precedes you in death, the other child would receive half, and the children of the deceased child would get the other half. But again that depends have a lawyer review the trust to... Read more »

3 Answers | Asked in Bankruptcy, Estate Planning, Banking and International Law for New Jersey on
Q: If Im poa on my Dad's account, that can't be affected by my bankruptcy? Also can I open a new account with us both on?

My father is moving to a new country next week and I am newly appointed durable power of attorney over his financial accounts.... If I file bankruptcy that shouldn't effect his banks accounts correct? Also I was thinking of opening a new checking account with my father and myself as joint... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Oct 10, 2020

Do not open any bank accounts until after your bankruptcy is discharged. Do not look for problems. You also need to be represented by an experienced Bankruptcy attorney. What you do not know can cause you all sorts of problems. You really need to leave things alone. Even with the Pandemic, if you... Read more »

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1 Answer | Asked in Estate Planning for New Jersey on
Q: my mom was living in NY and passed away during vacation in PR. she left a will in NY. she has two adult daughters

she stipulated on the will to leave everything to one daughter. she has asset in PR. Is this will enforceable in PR or what has to be done. one of the daughter lives in PR and the other who is named on the will lives in NY

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Oct 7, 2020

Best to talk to a lawyer that's licensed in both Puerto Rico and New York to get the correct answer

1 Answer | Asked in Estate Planning for New Jersey on
Q: I paid for my father's cremation. My sister wants half without paying. What can I do?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Oct 1, 2020

The answer depends a lot on who is the executor of the will and then we would be able to tell you, your options better. That being said most options however you would need to hire a lawyer for.

2 Answers | Asked in Estate Planning, Family Law and Probate for New Jersey on
Q: I live in nj my bff is in the hospital in a minimal conscious state unable to make decisions

Is my minor child or my bf mother next of kin

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Sep 7, 2020

More information would be needed to properly answer your question as you did not say whether your minor child is also his child.

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2 Answers | Asked in Estate Planning and Real Estate Law for New Jersey on
Q: Can I file eminent domain against PP&L four lines that are running around my home two pole that goes two neighbor's hous

These lines do not feed my home my line comes from directly from the main poles I was told by PP&L it would cost $ 12000 dollars to move Pole

Morris Leo Greb
Morris Leo Greb answered on Aug 27, 2020

Without additional information, a more definitive answer is possible. To help you determine if you have a claim, please check the records at the County Clerk’s Office to see whether at some time a right of way agreement which affects your property was granted to a utility and recorded. If the... Read more »

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1 Answer | Asked in Estate Planning for New Jersey on
Q: Can I do a simplified probate procedure in NJ myself or do I need a lawyer?

I am 80+ yr old widow with residence in NJ. My husband passed away recently without a will. All his assets passed to me without probate except for an old car. The car was titled in his name only. I need to transfer title of the car to myself so I can sell it. I have heard there is a simplified... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Aug 23, 2020

The real question would be how much is the car worth. If it is under 20K you are in luck see NJSA 3B:10-3. which discusses when a spouse or domestic partner is entitled to assets without administration. For your second question, yes a lot of this can be done remotely now due to Covid 19. Saying... Read more »

1 Answer | Asked in Estate Planning and Probate for New Jersey on
Q: Life Insurance policy made out to my brother and father

My mother died and left a life insurance policy with my brother and father's names on it. My father stated, she did this with the intentions of my brother dividing it amongst the 4 children. He claims he didn't want to be taxed on it so he put it in dad's name. He is my dad's... Read more »

Richard Diamond
Richard Diamond answered on Aug 17, 2020

This is not a family law question but a question better directed to an estate litigation lawyer. It may be worth your time and money to sit down with a specialist to find out if you have recourse against your brother.

1 Answer | Asked in Estate Planning and Probate for New Jersey on
Q: Does a will need to filed with County surrogate (NJ) if only one small bequest and all assets pass to husband?

My mother in law passed with a will in NJ. One asset in her name, an IRA that transferred to her husband. One small bequest to a non family member ($2,500). All other assets jointly titled all passed to her husband (checking/savings, house)

Can the bequest be paid from checking account... Read more »

Derek John Soltis
Derek John Soltis answered on Aug 16, 2020

The IRA probably had a named beneficiary so the will wouldn't matter unless the estate is huge.

And you are correct that the joint items passed to the Hubby as jointly titled. So, if he wants to write a check for $2500 it is up to him. However, he may be entitled to anything not...
Read more »

2 Answers | Asked in Probate and Estate Planning for New Jersey on
Q: My brother and I are both executors to my moms will. We probated her will 3 weeks after she past. I'm now finding out

about a 2nd will that was probated without my knowledge or consent is this legal? In nj

Derek John Soltis
Derek John Soltis answered on Aug 5, 2020

You need to talk to an attorney.

Only one will is supposed to be probated. Every reason for 2 or more Will's I can think of is complicated and needs an attorney.

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