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New Jersey Estate Planning Questions & Answers
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...
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1 Answer | Asked in Estate Planning and Probate for New Jersey on
Q: In NJ how long does a spouse have to file for elective shares?

My father passed away and there was a prenup and his wife got nothing, it’s been almost 1 year since his passing and 7 months since the will was probated and I was made executor, she keeps asking me for things and if I don’t agree she threatens with these elective shares, is there a time limit... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Apr 1, 2021

No one can answer any questions about the "elective" shares, without reviewing them. If you were previously represented by counsel, then you need to contact that attorney. If not, you are going to need to retain counsel to resolve this matter. During this pandemic, you have a choice of... Read more »

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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