Lawyers, Answer Questions  & Get Points Log In
New Jersey Estate Planning Questions & Answers
1 Answer | Asked in Family Law and Estate Planning for New Jersey on
Q: how do i get a copy of a settlement agreement for a case form 1987 in second court in connecticut. my brother just died

My brother died in Dec who has a settlement agreement with AIG and large sums due in 2020 and 2025. I dont know how the agreement was written up. I am the administrator for the estate.

Noel Rivers
Noel Rivers answered on Oct 15, 2019

As an administrator, you will have to go on a fact-finding mission to get the information you need. Sometimes the decedent will keep important records such as a settlement agreement in a file somewhere. I would recommend conducting a thorough search of his house to see if you can locate it. If you... Read more »

1 Answer | Asked in Estate Planning for New Jersey on
Q: How long does it take to get funds returned from a defendant arrested for violation of section 2c:21-15
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Oct 8, 2019

Best to ask the lawyer that have led your case as he should know the answer.

1 Answer | Asked in Estate Planning and Probate for New Jersey on
Q: My dad just passed away in PR. He only lived there 16 months, I am one of 3 of his children. What steps are needed now?

My dad inherited property which is being lived in by a family member. My dad also received an inheritance when his mother passed away. Since he lived most of his life in NJ, must I go through probate process in both NJ and PR? He did not have a will and death was sudden and unexpected.

Nina Whitehurst
Nina Whitehurst answered on Oct 4, 2019

You need to hire a probate attorney in PR for certain, because the main probate occurs where the decedent resided when he died. You will also need to open an ancillary probate in every other state in which the decedent owned property, using local probate attorneys.

This is just one of many...
Read more »

1 Answer | Asked in Probate, Estate Planning, Landlord - Tenant and Real Estate Law for New Jersey on
Q: My step-father owns the house. My mom married him and her name is also on the deed to the house. She died first

and now my step-father passed away. On his will he has his son being the one to get the house. Am I entitled to my mom's half of the house

Nina Whitehurst
Nina Whitehurst answered on Sep 18, 2019

It depends on EXACTLY how the house was titled when your mother passed. It might have all gone to your step-father and then to his son pursuant to his will, but there are a myriad other possibilities. Show the deed and the two death certificates to a local real estate attorney or a local probate... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for New Jersey on
Q: A married person passed away without a will and has surviving adult children. Does the surviving husband inherit all?

The couple bought a house in NJ while married and have adult children on their own before they were married.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Sep 12, 2019

The answer really depends on the assets such as if it was only a house, maybe? I suggest setting up a consultation with a lawyer if you need to know your rights.

1 Answer | Asked in Estate Planning and Probate for New Jersey on
Q: In NJ. Father did not name estranged son in will but did not disinherit. Is son entitled to a potion of estate?

The will names 2 of the 3 natural children. A copy of the will was sent to estranged son.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Sep 11, 2019

Maybe an attorney would need to read the will to tell you what you're entitled to

1 Answer | Asked in Estate Planning for New Jersey on
Q: A dying man's verbal contract and last wishes, between a family member who is a lawyer, witnessed by several individuals

Is it a legal and binding contract

Nina Whitehurst
Nina Whitehurst answered on Aug 26, 2019

The answer depends on which state's law applies, the property that was promised, the value of the property, and whether the promise was supported by consideration.

1 Answer | Asked in Estate Planning, Contracts and Probate for New Jersey on
Q: A verbal contract, between 2 people , no will. Uncle and nephew, is it a binding contract. Witnesses observed
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Aug 26, 2019

It would violate the statute of frauds

1 Answer | Asked in Estate Planning for New Jersey on
Q: My children, ages 20, 17, 14 & 12 in NJ received an annuity from my deceased mother from Texas. Iwas given 3 options:

1. pay proceeds to custodian under NJ UTMA

2. pay proceeds to c a court appointed guardianship for their individual estates

3. Hold the proceeds with the company until they reach the age of majority.

Which is the best option ?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Aug 14, 2019

An attorney would need to know a lot more about you before telling you what your best option would be.

1 Answer | Asked in Estate Planning and Real Estate Law for New Jersey on
Q: in new jersey can someone give another person their share of a estate
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Aug 8, 2019

More information would be needed to properly answer your question but in general once the person dies the person who would get their share of an estate can renounce it or even transfer to someone else

1 Answer | Asked in Estate Planning, Consumer Law, Elder Law and Nursing Home Abuse for New Jersey on
Q: Am I responsible for payment of an exorbitant fee to Assisted Living facility that was the result of the facility error?

My elderly, low income mom (on medicaid) resides in an assisted living facility . I pay her rent there every month. They added on a $4,000 charge and recently and claimed it was because they did not bill her the correct amount monthly, going 2 years back. She doesn't have this money, can they... Read more »

Madeline Houston
Madeline Houston answered on Aug 6, 2019

In order to answer this question an attorney would need to review any contracts signed by your mother and by you. Some violations of the law allow you to demand that your attorneys fees be paid by the defendant t in certain circumstances and if an attorney thinks you have such a case and it is... Read more »

1 Answer | Asked in Estate Planning for New Jersey on
Q: Must estate distributions (not being contested) be made within a certain amount of time? (NJ)

It’s been over two years since a family members death and the attorney’s letter notifying beneficiaries was received. (NJ)

Noel Rivers
Noel Rivers answered on Aug 5, 2019

There is not a set time period in which estates must be settled and distributions made. Each estate is unique and there could be factors at play that make the administration of the estate more time-intensive. I would highly recommend that you simply contact the estate attorney and ask for an update... Read more »

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
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
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
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
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
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.
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.
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.
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.

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.