Lawyers, Answer Questions  & Get Points Log In
New Jersey Estate Planning Questions & Answers
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.

View More Answers

1 Answer | Asked in Estate Planning for New Jersey on
Q: do i need a lawyer to draw -up power of attorney
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jul 31, 2020

You never need a lawyer for anything, but if you want it done right and you don't want to end up in court paying a lawyer several hundred or even up to $1000 dollars it is the smart way to go. A few dollars today, can save you tens of thousands later. As they say don't be penny wise... Read more »

1 Answer | Asked in Estate Planning and Family Law for New Jersey on
Q: is my niece still considered family if she was adopted by someone outside the family & had her name changed?

My sister in-law filed for divorce from my brother while he had ALS. My brother died before the divorce was final. My sister in-law remarried shortly after. Her new husband adopted my niece & she now goes by her adopted father's name. Is my niece still entitled to family assets when my... Read more »

Richard Diamond
Richard Diamond answered on Jun 24, 2020

The adoption terminated the legal relationship between the biological parent and the child and created a new legal relationship between the adoptive parent and the child.

Because the biological parents’ rights were terminated, the child no longer has an automatic right to an inheritance...
Read more »

1 Answer | Asked in Estate Planning for New Jersey on
Q: If someone passes in NJ with no assets, is it necessary to get an attorney?

Mom passed away recently. She was living on Social Security and lived with my sister. She had no property and a very small bank account. No savings. Is getting an attorney necessary?

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

In my opinion, If the person has no assets you probably don't need to get a lawyer.

3 Answers | Asked in Estate Planning and Probate for New Jersey on
Q: My grandmother passed away in 2008 she left a testament with property to her children they since passed what can be done

I have the testament with me I would like to keep the property the property is in Cabo Rojo, Puerto Rico

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on May 18, 2020

You need to contact a lawyer in Puerto Rico to see if you have any rights to the property.

View More Answers

1 Answer | Asked in Civil Litigation and Estate Planning for New Jersey on
Q: My Aunt passed in NJ, no husband or kids. Her 2008 will left me out but included some family names. what can i do?

She excluded my 2 brothers and 2 cousins also. 2 sisters, 2 other cousins, 1 niece and a neighbor were named, as well as her brother ( my uncle). 40% to uncle and 10% to the other six. Her will was executed in Hackensack, New Jersey. what recourse if any do I have to contest the will that I was... Read more »

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

In NJ a person can leave their estate to anyone they want. The only person they must give something to is their spouse as they are entitled in most cases to an elective share. That being said we don't know your case so speak to a lawyer to see what if any rights you may have.

1 Answer | Asked in Estate Planning for New Jersey on
Q: would a house be included as an asset when the value of estate is calculated if in both names
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on May 15, 2020

Maybe, much more information would be needed to be know to answer your question starting with a review of the original deed and the relationship of the parties etc, etc. etc. Setup a consultation with an experienced lawyer, it may cost a few bucks but you will get the information you need to give... Read more »

1 Answer | Asked in Estate Planning for New Jersey on
Q: Is a house in deceased and spouse name considered an Estate asset in NJ elective share 3B8-1 Dad left wife out of will
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on May 15, 2020

Speak with a lawyer to determine your rights but it sounds like the spouse could be entitled to her elective share.

1 Answer | Asked in Estate Planning for New Jersey on
Q: if someone tricked me to sign a power of attorney on me how do I terminate it if it was to control my money and assets?

I have a friend who was tricked to signing a power of attorney because they were together 5 years and now she has control of his business and finances and he has no way to end it because he would lose everything if he walks away or ends their relationship. He told her he would marry her if she... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on May 12, 2020

A power of attorney does control your money and assets. You can revoke the power of attorney, but for some it may be too late. Setup a consultation about what you should do with a good lawyer.

1 Answer | Asked in Estate Planning and Probate for New Jersey on
Q: My father owns house in NJ. Mother passed 2010, house still in both their names. In will, they left to ONE sibbling of 7

Can this be contested? Would it go through probate?

Richard Diamond
Richard Diamond answered on May 6, 2020

The short answer is that you need to have a consultation with an estate law specialist.... not a general practitioner who does some estate work. Here though is the question that he is going to ask since your dad is still alive. I presume that the house is in joint name between your mom and your dad... Read more »

1 Answer | Asked in Estate Planning for New Jersey on
Q: Any alternatives to having a document notarized without leaving home?

I am permamently disabled and cannot leave my home. I have an important document that needs to be notarized to be given to a Surrogate Court. Since I cannot physically go to my local bank that has a notary agent on staff, is there ANY other way to have this procedure accomplished?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on May 4, 2020

Yes governor Murphy signed a temporary remote authorization law, but its not easy to get done and I don't know anyone doing them due to all the restrictions.

2 Answers | Asked in Estate Planning and Insurance Bad Faith for New Jersey on
Q: How can person revoke POA they signed through trickery (not in native language)? They weren't told it was a POA.
Nina Whitehurst
Nina Whitehurst answered on Apr 30, 2020

You deliver a notice to anyone who has possession of the POA and everyone who has ever been provided a copy, telling them that you have revoked it. It would be best to send it using a method that requires a signed receipt or at least has tracking, such as certified mail return receipt requested or... Read more »

View More Answers

1 Answer | Asked in Estate Planning and Probate for New Jersey on
Q: I own a home with mom that pasted away and have a mortgage. I have 4 siblings that won’t let me rent out the apt

I can’t afford the mortgage by myself. I have a sibling that lives There and pays nothing. Now that my mom is gone refuses to pay anything.

Leonard R. Boyer
Leonard R. Boyer answered on Apr 29, 2020

I am sorry to learn of your Mom's passing. I know exactly what you went through. What you are going to need to do to solve this problem is to bring a partition action to enable a sale of the property. If your mom past without a will then you will need a Probate attorney in addition to a civil... Read more »

3 Answers | Asked in Estate Planning and Probate for New Jersey on
Q: My mom transitioned 3/30/20 her wish was to sell her home once she expired. No Will was found. How can I sell her home?

I’m POA/POD. Her home is paid for. Mom has 4 bum kids over 55. My mom didn’t want her bum kids getting any of the money from the sell of her home she wanted it to go in trust. The other siblings will offer no resistance to the sell of the home.

Derek John Soltis
Derek John Soltis answered on Apr 28, 2020

You need to go through the Probate process. You will need her death certificate. You should also get the other kids to sign off on you being the personal representative for the estate. Since there isn't a will you would have to get a bond to serve as the personal representative.

If...
Read more »

View More Answers

1 Answer | Asked in Estate Planning and Probate for New Jersey on
Q: My deceased mom left money to my kid in a brokerage account. Can she gift back to me and are there tax implications?

It's a total of $300k

Nina Whitehurst
Nina Whitehurst answered on Apr 19, 2020

Yes your child can gift the money back to you. It would be a taxable gift but the odds are no gift tax will be owing due to a lifetime gift tax exemption in excess of $11 million per person at this time.

2 Answers | Asked in Estate Planning, Elder Law and Probate for New Jersey on
Q: My deceased mom put her Brokerage account only in my kids (over 30 yrs old) names. They want to disclaim it

And give it to me. I am the executor. What do I need to do. Want to avoid probate

Nina Whitehurst
Nina Whitehurst answered on Apr 19, 2020

You need to schedule a personal consultation with a probate attorney and provide more facts. Disclaimer might not achieve the result you want because it results in your children being deemed to have predeceased your mom with the result that the funds would go to persons other than you, depending on... Read more »

View More Answers

2 Answers | Asked in Estate Planning for New Jersey on
Q: My husband passed away suddenly at 41 so we didn’t have a will, how can I,his wife,prove I’m the executive of estate?
Noel Rivers
Noel Rivers answered on Apr 14, 2020

I am very sorry to hear that your husband passed away. Typically, if your spouse dies without a will, you would take his death certificate to the court and apply to be appointed as the administrator for his estate. The Surrogate's Court would issue you Letters of Administration. These Letters... Read more »

View More Answers

1 Answer | Asked in Estate Planning for New Jersey on
Q: So if a POA for Healthcare exists, can family members just "see" what is happening with the Principle?

The family is aware that they cannot control what decisions are made but can they at least be informed as to what is being done to the Principle? The Principle is their mother.

Richard Diamond
Richard Diamond answered on Apr 6, 2020

The starting point is the document itself. For estate planning purposes, a person can sign a document called a "power of attorney" ( POA), which, under certain conditions, gives that person the authority to step into the other persons shoes and handle his / her financial affairs ( among... Read more »

2 Answers | Asked in Estate Planning and Family Law for New Jersey on
Q: My mother's Living Will includes a "Durable Power of Attorney for Healthcare".

Does this also include decisions over her finances? Should there also be a POA for her finances? And does it restrict any family (children particularly) from knowledge of her health or financial decisions? Thank you.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Apr 6, 2020

A durable power of Attorney for Healthcare is supposed to be for healthcare decisions only. An attorney would need to review her document to tell you what powers the DPA gives to the person.

View More Answers

1 Answer | Asked in Estate Planning for New Jersey on
Q: How long do I have to accept or reject an estate settlement?

My father passed away in the spring of 2019. The executors are finally sending myself and seven siblings the proposed settlement of his estate. I think I'm getting a bad deal. How long do I have to contest or challenge the settlement proposal?

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

Talk with an attorney to go over the settlement. Most attorneys will give you a free consultation. It is better to have someone that deals with these situations on a daily basis give you an opinion. If you feel something isn't right you owe it to your self to get a second opinion.

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.