New Jersey Estate Planning Questions & Answers

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

1 Answer | Asked in Estate Planning, Family Law and Contracts for New Jersey on
Answered on Apr 15, 2019
Noel Rivers' answer
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.

Q: If all heirs can't agree on one administrator, will the court appoint more then one administrator

1 Answer | Asked in Estate Planning for New Jersey on
Answered on Apr 15, 2019
Noel Rivers' answer
It certainly is possible that the court will appoint co-administrators if the heirs are unable to agree.

Q: Can the executor of an estate use funds from the estate to make a donation without the consent of the beneficiaries

1 Answer | Asked in Estate Planning for New Jersey on
Answered on Apr 15, 2019
Noel Rivers' answer
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.

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?

2 Answers | Asked in Estate Planning, Real Estate Law, Tax Law and Probate for New Jersey on
Answered on Mar 30, 2019
Leonard R. Boyer's answer
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 realize.

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

1 Answer | Asked in Estate Planning for New Jersey on
Answered on Mar 4, 2019
H. Scott Aalsberg Esq.'s answer
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.

Q: my uncle died with a predeceased sister and two alive brothers. Are the children of my predeceased aunt heirs as well

1 Answer | Asked in Estate Planning for New Jersey on
Answered on Feb 9, 2019
H. Scott Aalsberg Esq.'s answer
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 the wrong thing.

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?

1 Answer | Asked in Estate Planning and Elder Law for New Jersey on
Answered on Jan 5, 2019
H. Scott Aalsberg Esq.'s answer
If its a bill it must be paid, you got the services and agreed to the price they can sue.

Q: Can a conservator in NJ be changed?

1 Answer | Asked in Estate Planning, Elder Law and Probate for New Jersey on
Answered on Jan 3, 2019
Ben F Meek III's answer
Conservatorship usually requires the consent of the wards. They need to get an attorney, if they are being abused emotionally or financially or if they gave their consent under duress or false pretenses. If they truly lack capacity, guardianship is probably the more appropriate remedy, since their personal care and safety would be at risk. If the family is fighting over their parents' money, the parents probably need either to get their own attorney and object to the...

Q: I am the executor of moms will. Only my sister and I to inherit the house (25% her). Mom only had a 5,000$ insurance.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for New Jersey on
Answered on Dec 22, 2018
H. Scott Aalsberg Esq.'s answer
These free answer sites are not setup for specific advise and answers that you can rely on. I suggest you speak with an estate lawyer.

Q: Like-kind exchange with siblings for inherited property?

1 Answer | Asked in Estate Planning for New Jersey on
Answered on Nov 30, 2018
H. Scott Aalsberg Esq.'s answer
Best way is to hire an estate planning lawyer, what your asking can be very complicated and has many possible pitfalls and not meant for a short question and answer forum which is basically to tell people whether they should speak with a lawyer or not.

Q: How to protect purselves from administrator make false statement to surrogate court?

1 Answer | Asked in Estate Planning for New Jersey on
Answered on Nov 15, 2018
Mr. Kenneth Albert Vercammen Esq.'s answer
Removing the Administrator who fails to comply with responsibility

Under New Jersey Law, the person who agrees to accept the numerous legal responsibilities following the death of the person needs to liquidate assets, pay bills and taxes, file all necessary court and tax returns, then distribute the assets to beneficiaries. In New Jersey, the court and surrogate do not supervise how an executor or administrator handles the estate. Unfortunately, occasionally the Administrator simply...

Q: How do I file an affidavit?

1 Answer | Asked in Estate Planning for New Jersey on
Answered on Nov 10, 2018
H. Scott Aalsberg Esq.'s answer
The answer depends on the type of affidavit and what it's for.

Q: In NJ, does a secured debt mortgage on a house passed to a devisee get paid off before a credit card company?

1 Answer | Asked in Estate Planning and Probate for New Jersey on
Answered on Oct 30, 2018
Leonard R. Boyer's answer
Yes, the mortgage has priority over other debts.

Q: If an insurance policy check is put into an estate account does that make it part of the estate?

1 Answer | Asked in Estate Planning and Probate for New Jersey on
Answered on Oct 15, 2018
Jay Schmerler's answer
If the insurance check is related to a policy refund or some claim made by or for the decedent, then those funds are part of the estate. It should be deposited into the estate account and can then be used for any estate expenses. I don't understand why your sister "wants it back". If it was your sister's insurance policy, then it was likely a short term loan to pay the funeral expenses.

Q: I inherited house upon dads death. Cousin was staying there as she lost her home. Can I evict?

2 Answers | Asked in Estate Planning and Real Estate Law for New Jersey on
Answered on Oct 10, 2018
H. Scott Aalsberg Esq.'s answer
Sure, but I suggest that you hire a lawyer to handle the eviction process.

Q: in my mothers will all 3 of my sisters and I will inherit her home. should we put it in a trust? to avoid probate?

1 Answer | Asked in Estate Planning and Probate for New Jersey on
Answered on Oct 6, 2018
H. Scott Aalsberg Esq.'s answer
Depends, we would need to know much more information to determine that. That being said for most individuals with assets of less than 5 million a will works just fine. Just make sure her will is recent (i.e updated within the last 5 years) and drafted by a lawyer. Lastly probate in NJ is not such a bad thing compared to other states, but can be avoided with certain trusts, but that is very expensive to setup and the best trusts generally put the assets in the trusts name way before the...

Q: Would there ever be a reason to put land plots into a trust for estate planning purposes?

1 Answer | Asked in Estate Planning for New Jersey on
Answered on Sep 7, 2018
H. Scott Aalsberg Esq.'s answer
Yes reasons could exist, but it generally for saving money on taxes which is not as important now with the new higher limits.

Q: How is augmented estate (on which the percentage of elective share is based) calculated in NJ?

1 Answer | Asked in Estate Planning for New Jersey on
Answered on Sep 6, 2018
H. Scott Aalsberg Esq.'s answer
This is a very complicated area in which a lawyer would need a lot of time to explain for your particular situation, but basically in overly simplified terms the surviving spouse will only be entitled to approximately 1/3 of the other spouses assets (assuming the spouses live together at the time of death). Furthermore this amount can be reduced by funeral expenses and other debts owed by the estate.

Q: I asked my youngest sister to get a advance directive for my father and put a ex wife on paperwork instead of me her bro

1 Answer | Asked in Estate Planning and Elder Law for New Jersey on
Answered on Sep 3, 2018
H. Scott Aalsberg Esq.'s answer
The decision is made by your father not by anyone else including your sister or you, if he's doing this advance directive while he is still of sound mind and body

Q: If a husband and wife have identical wills with a clause that the husband predeceases the wife if they die together anoo

1 Answer | Asked in Estate Planning for New Jersey on
Answered on Aug 15, 2018
H. Scott Aalsberg Esq.'s answer
An attorney should read the whole will before commenting on what disposition would be made. That being said, if everyone dies in the will the estate goes according to the laws of intestate succession.

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.