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New Jersey Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning and Probate for New Jersey on
Q: Dad died intestate, NJ, No assets, debts. Cousin,NY,wills $$.His 3 heirs named to collect.Can spouse claim it all?

NJ intestate laws support spouse keeping whole estate but will in NY specifies 1/3 of his portion to surviving spouse and 2 adult children as heirs of his estate. I live in NY and estranged mother in NJ. She wants me to authorize will administrators to send her entire amount so she doesn't have to... Read more »

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

You need to speak with a probate attorney. Depending on how much money there is in the estate there may be money you are entitled to under the will. How ever without knowing your father's debts, and total assets there is no knowing if you would be able to collect anything if your mother chooses her... Read more »

1 Answer | Asked in Estate Planning, Tax Law and Probate for New Jersey on
Q: Is there any thing as a lawyer that handles stock

husband did not live will but left a lot of shares of stock. Need help trying to liquidate it.

Leonard R. Boyer
Leonard R. Boyer answered on Feb 9, 2020

You need an attorney who is a Probate attorney. The right documents are obtained by an attorney and the stock is liquidated by a stock broker. That is all you require. A fair amount of work may be required depending on what you have already done with the Surrogate.

2 Answers | Asked in Estate Planning for New Jersey on
Q: If you go to law school and pass the bar without being sworn in are you a lawyer

if somebody goes to law school and earned the J.D, they took the bar exam which they passed But not sworn in Due to the criminal past they had does that make them a lawyer still? Or just a higher educated paralegal? Someone I know claimes they can still practice as a lawyer even though they... Read more »

Lazaro Cardenas
Lazaro Cardenas answered on Jan 27, 2020

The short answer is no.

In NJ you can search for the status of an attorney here:

https://ecourts.judiciary.state.nj.us/webe5/AttyPAWeb/pages/_rlvid.jsp.faces?_rap=captchaAction.execute&_rvip=/pages/home.jsp&currLocaleBanner=en

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1 Answer | Asked in Estate Planning for New Jersey on
Q: Step parent dies after biological parent there is no will whom inherits all property of grown living children in NJ

Nephews made funeral arrangements no mention of grown step children in obituary cause out of state never would let step children in family home. Father had died 2 years prior with brain tumor cancer and had him change his will 2 weeks before passing Grown children let it go cause thought property... Read more »

Derek John Soltis
Derek John Soltis answered on Jan 22, 2020

You need to sit down with a probate attorney as soon as possible to go over the situation. A family tree is going to need to be created to go over all living heirs to figure who is entitled to what. The attorney will also need to review a copy of the will.

1 Answer | Asked in Estate Planning and Real Estate Law for New Jersey on
Q: can I close on my moms home without a tax waiver. estate was left to her 3 children plus 28,500 goes to a class D

The 28,500 is for a person that purchased a co-op then moved out and left the house(co-op) to my mom. Years later asked for her deposit back. My mom changed her will to leave her the money. 2 questions. Can we close without a Tax Waiver and how much effort do we need to put into finding the... Read more »

Noel Rivers
Noel Rivers answered on Jan 21, 2020

The short answer is that the tax waiver will be required. Based on the fact that $28,500 is passing to a class D beneficiary, you cannot file an NJ Form L-9 – Affidavit for Real Property Tax Waiver. Instead, you must file an inheritance tax return and upon its completion, you will receive a tax... Read more »

1 Answer | Asked in Estate Planning for New Jersey on
Q: I inherited my dads house. Only his name is on deed. Can we sell and throw his wife out.? Owned home before marrief
Nina Whitehurst
Nina Whitehurst answered on Jan 19, 2020

You haven’t quite inherited it until it is re-titled in your name, as a practical matter. You should consult with a probate attorney about probating your dad’s estate so that the house title will be in your name.

1 Answer | Asked in Estate Planning and Probate for New Jersey on
Q: In NJ does a surviving spouse have any right to a house (owned prior to marriage) of deceased spouse who died intestate?

My father just passed away. He was married at the time of his death but not to my mother. My mother passed away 16 years ago and my father eventually remarried. My father had no will. He owned his house outright before he married his current wife. This is my childhood home that he and my birth... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jan 4, 2020

In New Jersey, if a person dies without a will (which is called dying "intestate") and leaves a surviving spouse plus children from a previous marriage, the surviving spouse inherits the first 25% of the decedent's intestate property -- as long as it is not less than $50,000 or more than $200,000... Read more »

1 Answer | Asked in Contracts, Estate Planning and Collections for New Jersey on
Q: What must be included in a creditor's claim letter against an estate?
Paul J. Riviere
Paul J. Riviere answered on Dec 19, 2019

As per N.J.S.A. 3B:22-4, Creditors of the decedent shall present their claims to the personal representative of the decedent’s estate:

-in writing, and

-under oath,

-specifying the amount claimed, and

-the particulars of the claim.

-within nine months from...
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1 Answer | Asked in Estate Planning and Probate for New Jersey on
Q: Hi there. My aunt just died intestate. No husband parents or children. Brother is bullying the estate!

My aunt just died interstate and my dad (with dementia)..is the last surviving sibling. There are 18 nieces and nephews. My brother is my dad‘s power of attorney and been depleting his funds for the last five years to live on and take himself out of pre-foreclosure. Now that my dad has an... Read more »

Derek John Soltis
Derek John Soltis answered on Nov 25, 2019

It sounds like you are on the right track as far as what needs to be done.

In short your brother does not automatically get to act as the administrator of the estate. He would have to be named the administrator by the Surrogate court.

You should sit down with an attorney to go...
Read more »

1 Answer | Asked in Family Law, Intellectual Property, Real Estate Law and Estate Planning for New Jersey on
Q: What will I need to do to claim my fathers property in Luquillo, Puerto Rico?

I brought my father to living in New Jersey 3 years ago because of his declining health. My father never put the property under my name because he was always to ill to go back to PR. My father is now in a nursing home and we don't know what to do about the property. We don't want to lose the... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Nov 10, 2019

You need to contact an attorney who is licensed there.

2 Answers | Asked in Estate Planning and Probate for New Jersey on
Q: My father passed and there are 4 total children, do ALL children have to agree before the house can be sold?
Vincent Gallo
Vincent Gallo answered on Nov 3, 2019

Responding from a New York perspective, if all four parties cannot agree, if your father passed and had a will, the world should be probated and the executor would then have the power to sell. If he did not have a well, and administrator could be appointed, preferably one of the four children, and... Read more »

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2 Answers | Asked in Estate Planning for New Jersey on
Q: My aunt passed away leaving a will with 3 heirs. One of the heirs is me. She also left a handwritten, dated, and signed

Letter with specific details of who should get what of her personal property. In that letter, she states that I can live in her house. My question is, if the house is sold, do I have a legal right to the money that was made from the sale of the house?

Nina Whitehurst
Nina Whitehurst answered on Nov 1, 2019

If you are a life tenant the house cannot be sold without your signature. If it is sold without your signature then you can still live there for as long as you live. If your signature is requested you can justifiably insist on a portion of the proceeds equal to the value of your life estate.

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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...
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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

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