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New Jersey Estate Planning Questions & Answers
3 Answers | Asked in Estate Planning and Probate for New Jersey on
Q: I was the beneficiary to my sisters life insurance. My siblings want it included in the estate. It happened in nj

Family believes the life insurance should be part of the estate even thought it was left in my name snd not theirs.

Nina Whitehurst
Nina Whitehurst answered on Oct 7, 2021

As a general rule, life insurance proceeds payable to a named beneficiary are NOT included in the decedent's probate estate. The law presumes that the decedent meant what she said when she named you as the sole life insurance beneficiary. It is a very tough presumption to overcome. Your... Read more »

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3 Answers | Asked in Estate Planning and Real Estate Law for New Jersey on
Q: What concerns should I have when adding a senior parent to the deed of a home?

in the process of purchasing a new home. Mom is putting the down payment down, gifting to me. Condition is, she wants to be on the deed of the home so as to say, when she passes, her portion of the home will be willed to me and I will have majority ownership of the home. What issues might I run... Read more »

Morris Leo Greb
Morris Leo Greb answered on Oct 4, 2021

A very easy solution that will eliminate many concerns for both you and your mother. Instead of being placed on the deed. She is given a mortgage in the face amount of the money she is lending you to buy the home. The mortgage has a safe harbor rate of interest payable once yearly, just the day... Read more »

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3 Answers | Asked in Estate Planning for New Jersey on
Q: Can a plaintiff lawyer enter the premises without my knowledge as I am the executor of an estate.

I am the executor of my grandmother estate. My uncle hired a lawyer because he wants ownership of her home. His lawyer drew up documents towards me for court at which I also put in a court order as well. The question is, who gave that attorney permission to enter in the premises without my... Read more »

Morris Leo Greb
Morris Leo Greb answered on Sep 3, 2021

In order to enter any premises, a person must either obtain permission from the occupant or a warrant isuued by a court.

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1 Answer | Asked in Estate Planning and Tax Law for New Jersey on
Q: My father passed away in July 2018 with a will, leaving my mother as executor. My mother then passed away in December…

She had a will which left me, as their only child, to be executor and recipient of everything she and my father owned. I have taken care of everything including taxes. My father had a pending court case of sorts and it appears he will receive funds as a result which I am told will go to his estate.... Read more »

Morris Leo Greb
Morris Leo Greb answered on Aug 15, 2021

Speak to a CPA!

1 Answer | Asked in Estate Planning for New Jersey on
Q: Which takes precedence in NJ? A last will and testament or a Life Estate Deed? Both were signed on same date in 2015.

My motherinlaw deeded her NJ house to Gerald (my husband) and his 1brother Eddy as a life estate. Her last Will and testament- dated the same day as her deed- states the house should be given to the Gerald, Ed AND the children of the other 2 brothers who passed away in 2012 and 2014. Does the... Read more »

Derek John Soltis
Derek John Soltis answered on Aug 10, 2021

The deed is for a life estate. In normal situations, the life estate is vested in the people until they die, and then after they pass the property goes to who is named in the will. The will takes over after the life estate is over. The property could be sold and divided if Gerald and Eddy agree.

2 Answers | Asked in Estate Planning, Real Estate Law and Civil Litigation for New Jersey on
Q: What to do when an ex bf is also a co buyer of a house and he won’t leave and stated he will not give up the house?
Leonard R. Boyer
Leonard R. Boyer answered on Aug 8, 2021

You need to retain an experienced civil litigation attorney who will file an action for partition and sale. During this pandemic, you have a choice of either seeing your attorney in person or by way of a secure state of the art Zoom Video Conference. So you don’t have to be restricted by... Read more »

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1 Answer | Asked in Estate Planning for New Jersey on
Q: No individual executor shall be liable for any act or omission “in the absence of intentional wrongdoing

Can u pls interpret this for me? Particularly the ABSENCE of INTENTIONAL WRONGDOING”

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Aug 7, 2021

An attorney would need to read the whole will or trust to tell you what this means in the document its contained in, but it would appear to mean that the executor is not liable for what a past executor may have done. Again if you need to know what it truly means setup a consultation with a lawyer.... Read more »

2 Answers | Asked in Estate Planning and Probate for New Jersey on
Q: Man dies w/o wife or children. Parents dead. Has a step brother & another step brother dead but had kids kids heir
Morris Leo Greb
Morris Leo Greb answered on Jul 16, 2021

Please be more specific with your question.

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1 Answer | Asked in Estate Planning for New Jersey on
Q: Dears, I am shearching for NJ legislation about inheritance when decedent dies without will rules any colleagues help?
Morris Leo Greb
Morris Leo Greb answered on Jul 14, 2021

Go to Justia.com. Check out NJSA 3B:1-1 et seq. It sets forth the entire statutory provisions.

3 Answers | Asked in Estate Planning for New Jersey on
Q: Dears, I am shearching for NJ legislation about inheritance when decedent dies without will rules any colleagues help?
Morris Leo Greb
Morris Leo Greb answered on Jul 12, 2021

Check New Jersey Statutes Annotated NJSA3B1-1 et seq. You may access them on the Justia site.

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2 Answers | Asked in Estate Planning, Civil Litigation and Probate for New Jersey on
Q: I lived w a man for 10 yrs & he just died he hasb2 children. He had a small policy just for the funeral in my name.

Do I have rights regarding anything else?

Morris Leo Greb
Morris Leo Greb answered on Jun 25, 2021

Yes, you may have certain rights. The palimony statute has changed in NJ. I would suggest you read it carefully.It is a bit confusing. The best thing to do is seek an attorney with experience to discuss this issue.

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1 Answer | Asked in Estate Planning for New Jersey on
Q: Can a POA sign a refunding bond and release form in NJ?
Morris Leo Greb
Morris Leo Greb answered on Jun 23, 2021

It depends on what powers are granted to the deputy in the original document.

1 Answer | Asked in Estate Planning and Probate for New Jersey on
Q: My grandmother died, had a revised Will created years ago, but nobody can find a copy yet. What happens with her estate?

When a Will is created, is it filed anywhere so heirs can get a copy? There is a prior Will that her son took her to have drawn up, which he likely still has a copy of. Then her son took all of her life savings, putting her in financial ruin. So, she changed her Will after that with a different... Read more »

Morris Leo Greb
Morris Leo Greb answered on Jun 15, 2021

A will is necessary for probate in order for an individual named as executor to qualify. Other wise the decedent is considered to have passed intestate. The Court will appoint an administrator. A bond, in an amount set by the Surrogate must be obtained. The Estate is then distributed in the manner... Read more »

1 Answer | Asked in Probate and Estate Planning for New Jersey on
Q: How do I get hold of a last will and testament, my mother says I'm in the will, but my aunts wouldnt share that info
Michael Andrew Conte
Michael Andrew Conte answered on Jun 15, 2021

Contact the Surrogate’s Office of the county where the deceased person lived.

2 Answers | Asked in Estate Planning, Foreclosure, Real Estate Law and Probate for New Jersey on
Q: My grandmother died with a reverse mortgage on her house with no co-borrowers. How soon can the lender take the house?

Family is searching for the latest Will. Nobody remembers the attorney's name to try to find her to get a copy of the Will. Can the lender call the loan due and/or foreclose on the house before the estate goes through probate? Can anyone else who lived in the house taking care of my... Read more »

Morris Leo Greb
Morris Leo Greb answered on Jun 14, 2021

My best response is that you have raised many important issues that require extensive responses which are beyond the scope of the platform. The best thing to do is retain the services of an attorney who is familiar both with real estate law and probate law.

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1 Answer | Asked in Estate Planning and Probate for New Jersey on
Q: Step mother died the. My father died 17 hr. Later

When they married her 2 children were grown and out of the house. They never lived with my father and nothing was ever in their mothers name. There was a joint account that only my dads money went into and the bills were paid from and she had her own account that her money went in and she spent. We... Read more »

Morris Leo Greb
Morris Leo Greb answered on Jun 10, 2021

What is the question?

2 Answers | Asked in Estate Planning for New Jersey on
Q: My father died and owes $30k in car loan debt after death. The estate does not have $30k. How to start debt negotiation?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jun 4, 2021

Contact the holder of the note (debt) and ask. That being said many lawyers specialize in debt reduction and generally have a much better chance of success then you, but of course a lawyer is not free and will cost money

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1 Answer | Asked in Real Estate Law, Estate Planning and Probate for New Jersey on
Q: If a US Citizen (not dual) who lives in NJ owns land in the Philippines and this person dies without a will, what...

... what country's laws apply when it comes to inheritance concerning the land owned in the Philippines?

Rajeh A. Saadeh
Rajeh A. Saadeh answered on Jun 2, 2021

This is a question for an estate administration lawyer. Please contact an estate administration lawyer for assistance.

1 Answer | Asked in Civil Litigation, Criminal Law, Estate Planning and Civil Rights for New Jersey on
Q: Can the township impound my travel trailer that is in my brothers yard??

Brother said it’s ok, haven’t gotten any no ice

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on May 19, 2021

Maybe we would need to know the reason it was impounded to answer the question properly.

1 Answer | Asked in Estate Planning for New Jersey on
Q: Hello, I was the primary care giver of my deceased father who passed in September of 2020. I represented him in all affa

irs and detaisl with the medical care and transportation and i lived in his home. He died intestate and I CREATED an estate as an administratrix. My three siblings were not inculded in this paperwork so I could as most of his affairs, handle things without the stress and emotional abuse from them... Read more »

Derek John Soltis
Derek John Soltis answered on May 10, 2021

Hello,

When someone dies without a will all Kids have the same rights. This may not seem fair, but it is the way the laws are written. So, your siblings may fight you for administration. There are forms that they could sign off on to surrender their rights to you. You really should speak...
Read more »

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