New Jersey Estate Planning Questions & Answers

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.

Q: please help...deed to house is in name of 4 siblings...3 of which are deceased.. most recently deceased has 7 heirs,

1 Answer | Asked in Estate Planning for New Jersey on
Answered on Jul 30, 2018
H. Scott Aalsberg Esq.'s answer
An attorney would need to see the deed and each deceased person's will before they give you any answer to your question. Expect to pay for the attorneys time that it would take him to read the documents and give you the answer. Unfortunately no simple answer exists.

Q: May a rightful heir to an estate claim assets which the executor abandons?

1 Answer | Asked in Estate Planning and Wrongful Death for New Jersey on
Answered on Jul 25, 2018
Peter N. Munsing's answer
If you mean can the heir file the claim, yes if within the immediate family. Why not contact a member of the NJ Assn for Justice who handles malpractice--they give free consultations. If you need the names of some, feel free to call me.

Q: My step father made himself adminstrator to my mother's estate but he died without disrupting anything

2 Answers | Asked in Estate Planning, Real Estate Law, Probate and Small Claims for New Jersey on
Answered on Jul 20, 2018
H. Scott Aalsberg Esq.'s answer
You start by seeking a consultation with an experienced estate planning lawyer because if your mother died without a will he could not legally appoint himself an administrator of the estate this must be done by the court.

Q: Which parts of an estate are taxable?

1 Answer | Asked in Estate Planning for New Jersey on
Answered on Jul 20, 2018
Jay Schmerler's answer
Your question is too general and without facts to really specifically answer. New Jersey has several taxes that can arise from administering an estate. There may or may not be inheritance taxes. There may or may not be estate taxes. The answer is based on who inherits, what the assets are, and what the value of the assets are. The answer to your question will be based on these answers. Speak with an estate attorney.

Q: I recently bought an apartment unit. We want to renovate the apartment and what are my right?

1 Answer | Asked in Estate Planning and Real Estate Law for New Jersey on
Answered on May 25, 2018
H. Scott Aalsberg Esq.'s answer
You would need to pay a lawyer to review the condominium bylaws in order for a lawyer to tell you what your rights and liabilities are. Every condo has different rules.

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