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New Jersey Estate Planning Questions & Answers
2 Answers | Asked in Elder Law, Family Law and Estate Planning for New Jersey on
Q: My father (71) owns a home in Nj. How to start getting his paperwork ready in case of death. He lives in NJ I live in Fl
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Feb 19, 2022

You should have your father call one of us lawyers to draft a will for him.

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1 Answer | Asked in Estate Planning and Banking for New Jersey on
Q: does a debtor need the POA's SSN, DOB, full name, Address, phone # and email to get information on the account?

i am trying to get information as a POA from an account set up by a prior POA for my grandmother. They are asking for all of my personal information to access her account stating "Banking laws require" it sounds odd since my information has nothing to do with her account.

Nina Whitehurst
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Nina Whitehurst
answered on Feb 10, 2022

Personally, I agree with you that all of that information about YOU, the attorney in fact, should not be required. Some of it, maybe, but not all of it. HOWEVER, the sad fact is what the bankers are telling you is correct. They have to satisfy government regulatory requirements that mandate that... Read more »

1 Answer | Asked in Estate Planning for New Jersey on
Q: In NJ, it is currently ok for a witness of a will to also be a beneficiary. Was this always the law in NJ?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Jan 31, 2022

Generally in NJ it is ok for a beneficiary to be a witness to the will, however it is not the best practice to do so and could cause issues later.

1 Answer | Asked in Estate Planning and Real Estate Law for New Jersey on
Q: I would like to take my sister's name off my property deed and set it as joint tenancy with my son with right of

Survivorship. This is in New Jersey.

Do I have to do 2 quit deed claims?

Or it is just one filing?

My sister is alive and willing to sign.

Morris Leo Greb
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Morris Leo Greb
answered on Jan 25, 2022

All that is needed is one deed with your sister named as the grantor (seller) and you and your son named as grantees (buyer). The deed can simply either name you and your son as joint tenants which has rights of survivorship or add a clause after the description that it is the intention of the... Read more »

2 Answers | Asked in Estate Planning for New Jersey on
Q: Does an executor of an estate receive any compensation for the time involved to clean out estate and handle all matters?

We Were informed that there may be a fee earned by the executor who has to do all of the physical work needed and expenses to clear out a home and handle legal fees.

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 20, 2022

Is there a will and does the will make any mention of whether or not the executor is to be compensated or not compensated? If not, then you need to look at the law of the state to see what it says as to compensation. If the executor incurs out of pocket expenses, then yes, I expect the executor... Read more »

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1 Answer | Asked in Estate Planning and Probate for New Jersey on
Q: Single with children and no will

My partner and I are unmarried with two

minor children. With no will what would happen to the property in only his name?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Jan 13, 2022

If your asking what will you get, in general a spouse will get only get an elective share as required by NJ law but only if you were living with your spouse at the time of his/her death and you were not subject to a post or prenuptial. Elective share generally ranges to about 1/3 of the persons... Read more »

1 Answer | Asked in Estate Planning for New Jersey on
Q: Can an executor appoint someone else to handle the estate ?
Morris Leo Greb
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Morris Leo Greb
answered on Dec 20, 2021

Yes. This is frequently done when there is a complex estate and the executor will retain the assistance of an accountant of financial advisor. A well drafted will would have given the executor explicitly to do so.

1 Answer | Asked in Estate Planning, Family Law, Legal Malpractice and Probate for New Jersey on
Q: Can the lawyer(s) of an estate representative be held accountable for allowing representative to breach fiduciary duty?

Taxes for a property of the estate has not been paid for over a year resulting in a tax sale being issued on the property. I have reached out to the counsel of the estate representative to inform them of the unpaid tax and tax sale notices multiple times and they have ignored my messages.... Read more »

Richard Diamond
Richard Diamond
answered on Dec 7, 2021

This is not a family law question and should be answered / directed to an estate lawyer to guide you on your rights in addressing the obligations of those responsible for administration of the estate.

2 Answers | Asked in Estate Planning for New Jersey on
Q: See below

My mother passed away a few days ago, in her will she left me my home (my home is in her name) in a trust. She listed me as trustee and sole beneficiary. Does mean the home will be transferred to me right away or does it take a long period of time for probate?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Nov 29, 2021

An Attorney would need to review the will to properly answer your question. That being said generally when a will is transferred to a trust you may only be the beneificiary not necessarily the owner to have the property put in your name.

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2 Answers | Asked in Estate Planning, Real Estate Law, Civil Litigation and Probate for New Jersey on
Q: Is it a breach of fiduciary duty if an estate administrator quick sells two properties for less than they are worth?

My sister is currently Administratrix of my late mother’s estate and has already committed various breaches of fiduciary duty, including requesting the estate reimburse her for debt owed by the decedent she was liable to pay as power-of-attorney and attorney-in-fact to the decedent before her... Read more »

Derek John Soltis
Derek John Soltis
answered on Nov 17, 2021

You need to go over everything you just asked a question about with an attorney. I have seen a $400 home sell for $78,000 because of liens that couldn't be avoided so the new owner took on the liens. I have also see properties sell under market value because a hoarder lived in them, tenants... Read more »

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1 Answer | Asked in Estate Planning and Probate for New Jersey on
Q: How can I go about getting an inventory of assets on my late mother? How can I find out if she owns any property?

I am the fiduciary for my late mothers estate. I have a Limited Letter of Administration for a lawsuit in regards to my mother (9/11). Now I getting calls from people asking if I am selling my mothers property, which is a house in the Bronx. I knew nothing of this until the calls. Now I need to... Read more »

Morris Leo Greb
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Morris Leo Greb
answered on Nov 16, 2021

To begin contact a title agency and ask for a property search. As for personalty, check any checking accounts , review prior year tax returns, go through the mail, search pockets in clothes that are in her home, ask people who were familiar with her.

3 Answers | Asked in Estate Planning and Probate for New Jersey on
Q: I was the beneficiary to my sisters life insurance. My siblings want it included in the estate. It happened in nj

Family believes the life insurance should be part of the estate even thought it was left in my name snd not theirs.

Nina Whitehurst
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Nina Whitehurst
answered on Oct 7, 2021

As a general rule, life insurance proceeds payable to a named beneficiary are NOT included in the decedent's probate estate. The law presumes that the decedent meant what she said when she named you as the sole life insurance beneficiary. It is a very tough presumption to overcome. Your... Read more »

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3 Answers | Asked in Estate Planning and Real Estate Law for New Jersey on
Q: What concerns should I have when adding a senior parent to the deed of a home?

in the process of purchasing a new home. Mom is putting the down payment down, gifting to me. Condition is, she wants to be on the deed of the home so as to say, when she passes, her portion of the home will be willed to me and I will have majority ownership of the home. What issues might I run... Read more »

Morris Leo Greb
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Morris Leo Greb
answered on Oct 4, 2021

A very easy solution that will eliminate many concerns for both you and your mother. Instead of being placed on the deed. She is given a mortgage in the face amount of the money she is lending you to buy the home. The mortgage has a safe harbor rate of interest payable once yearly, just the day... Read more »

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3 Answers | Asked in Estate Planning for New Jersey on
Q: Can a plaintiff lawyer enter the premises without my knowledge as I am the executor of an estate.

I am the executor of my grandmother estate. My uncle hired a lawyer because he wants ownership of her home. His lawyer drew up documents towards me for court at which I also put in a court order as well. The question is, who gave that attorney permission to enter in the premises without my... Read more »

Morris Leo Greb
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Morris Leo Greb
answered on Sep 3, 2021

In order to enter any premises, a person must either obtain permission from the occupant or a warrant isuued by a court.

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1 Answer | Asked in Estate Planning and Tax Law for New Jersey on
Q: My father passed away in July 2018 with a will, leaving my mother as executor. My mother then passed away in December…

She had a will which left me, as their only child, to be executor and recipient of everything she and my father owned. I have taken care of everything including taxes. My father had a pending court case of sorts and it appears he will receive funds as a result which I am told will go to his estate.... Read more »

Morris Leo Greb
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Morris Leo Greb
answered on Aug 15, 2021

Speak to a CPA!

1 Answer | Asked in Estate Planning for New Jersey on
Q: Which takes precedence in NJ? A last will and testament or a Life Estate Deed? Both were signed on same date in 2015.

My motherinlaw deeded her NJ house to Gerald (my husband) and his 1brother Eddy as a life estate. Her last Will and testament- dated the same day as her deed- states the house should be given to the Gerald, Ed AND the children of the other 2 brothers who passed away in 2012 and 2014. Does the... Read more »

Derek John Soltis
Derek John Soltis
answered on Aug 10, 2021

The deed is for a life estate. In normal situations, the life estate is vested in the people until they die, and then after they pass the property goes to who is named in the will. The will takes over after the life estate is over. The property could be sold and divided if Gerald and Eddy agree.

2 Answers | Asked in Estate Planning, Real Estate Law and Civil Litigation for New Jersey on
Q: What to do when an ex bf is also a co buyer of a house and he won’t leave and stated he will not give up the house?
Leonard R. Boyer
Leonard R. Boyer
answered on Aug 8, 2021

You need to retain an experienced civil litigation attorney who will file an action for partition and sale. During this pandemic, you have a choice of either seeing your attorney in person or by way of a secure state of the art Zoom Video Conference. So you don’t have to be restricted by... Read more »

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2 Answers | Asked in Estate Planning, Real Estate Law and Civil Litigation for New Jersey on
Q: What to do when an ex bf is also a co buyer of a house and he won’t leave and stated he will not give up the house?
Richard Diamond
Richard Diamond
answered on Aug 9, 2021

You and he bought the property together and therefore you and he have to agree to permit one of you to buy out the other persons interest or to sell it and divide the proceeds from the sale. The alternative is that you / he retain lawyers and one of you will then file a partition claim to force the... Read more »

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1 Answer | Asked in Estate Planning for New Jersey on
Q: No individual executor shall be liable for any act or omission “in the absence of intentional wrongdoing

Can u pls interpret this for me? Particularly the ABSENCE of INTENTIONAL WRONGDOING”

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Aug 7, 2021

An attorney would need to read the whole will or trust to tell you what this means in the document its contained in, but it would appear to mean that the executor is not liable for what a past executor may have done. Again if you need to know what it truly means setup a consultation with a lawyer.... Read more »

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