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New Jersey Probate Questions & Answers
2 Answers | Asked in Probate for New Jersey on
Q: Mom died suddenly, had annuities, no beneficiary. Who gets annuities??

Mom died, had annuities. Didn't want to leave my sister anything. Told so many people even her advisors she wants nothingto do with her. My mom stopped talking to her almost 5 years.

In a case like this, my sister is suing me for the annuities. Could I fight this in court? My mom... View More

Leonard R. Boyer
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answered on Jan 1, 2024

You really need to act fast and retain an experienced Probate attorney who will act to protect your interest. You should also consider the attorney's reviews. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally... View More

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2 Answers | Asked in Probate for New Jersey on
Q: Mom died suddenly, had annuities, no beneficiary. Who gets annuities??

Mom died, had annuities. Didn't want to leave my sister anything. Told so many people even her advisors she wants nothingto do with her. My mom stopped talking to her almost 5 years.

In a case like this, my sister is suing me for the annuities. Could I fight this in court? My mom... View More

T. Augustus Claus
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answered on Dec 29, 2023

In the absence of a designated beneficiary on the annuities, the distribution of your mother's assets, including the annuities, would typically follow the laws of intestacy in New Jersey. These laws determine the heirs and their respective shares. If your sister is taking legal action to claim... View More

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1 Answer | Asked in Family Law, Probate and Estate Planning for New Jersey on
Q: My brother told me dad changed him to the beneficiary the week before he passed which wasn’t true what do I do?

I went to New Jersey to help plan funeral services and when I arrived he blocked me on facebook our way of communicating. At the funeral home the director said I had to sign a paper making him the executor. I asked what would happen to everything in April well month after month my brother told me... View More

James L. Arrasmith
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answered on Nov 5, 2023

In this situation, it's crucial to seek legal guidance from an attorney who practices probate or estate law in New Jersey. They can help you understand your rights and the proper procedures for contesting the beneficiary designation if it was indeed changed under suspicious circumstances. You... View More

1 Answer | Asked in Probate for New Jersey on
Q: Hello My ex husband passed away in September and he had several insurance from work. Who can I contact at his job?

I have his children and he gave me papperwork for once insurance but the others were signed 20 years ago and he didn't have time to change info so I wanted to know if I am able to use a text message he gave me stating that everything he has belong to the girls and I, so I can claim?... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Nov 2, 2023

Sounds like you will need to hire a probate lawyer to get what you want if the family is not cooperating. The main person you need to speak to is the executor of his will. You can find this out by going to the provate court yourself. As for insurance you can call the insurance company and see if... View More

1 Answer | Asked in Real Estate Law, Land Use & Zoning and Probate for New Jersey on
Q: Both of my parents died. My stepdad was the last to pass away. He typed up a last testament and left the three propertie

Both of my parents died. My stepdad was the last to pass away. He typed up a last testament and left the three properties and left it to my relative. Which isn't related to him. My mom had a will drawn up from an attorney years ago. It states that I'm her executor. I probated her will... View More

Leonard R. Boyer
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answered on Jul 31, 2023

This is not the type of question that can be answered in a forum like this. This case will be one that an attorney would charge about an hour of time to review all the documents and provide you with your options and an understanding of what has happened. Pick the best attorney you can find and... View More

2 Answers | Asked in Business Law, Tax Law, Estate Planning and Probate for New Jersey on
Q: If a business owner passes away and was married at the time who does the business go to if the is no will ?
Cesar Mejia Duenas
Cesar Mejia Duenas
answered on Jun 1, 2023

There are two set of rules here. First, the rules of the business entity (operating agreement, bylaws, partnership agreement, etc.), and the Florida Laws. The interest in the business entity sometimes has a transfer on-death provision. If the interest in the business passes to a certain beneficiary... View More

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2 Answers | Asked in Civil Litigation, Real Estate Law and Probate for New Jersey on
Q: Can a POA add themselves as member to an existing LLC and joint owner to a bank account owned by the principal?

Can a power-of-attorney (POA) add themselves as member to an existing LLC and joint owner of a bank account owned by the principal or are these acts a breach of fiduciary duty (e.g., self-dealing, embezzlement), in particular, if the principal was incapacitated during the change? The LLC in... View More

Leonard R. Boyer
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answered on Mar 12, 2023

You are going to need to meet with an experienced corporate and civil litigation attorney to have all the necessary documents reviewed and be provided with your options. You can expect to pay for an hour of attorney time to review all the documents and then make a decision. With modern technology,... View More

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1 Answer | Asked in Elder Law and Probate for New Jersey on
Q: Mom and I are on the mortgage & the deed to a house. I am the co-signer. She left me the house in her will.

If she has credit card debt, will they make me pay them or make me sell the house to pay them if she has no money to pay them off?

Morris Leo Greb
Morris Leo Greb
answered on Feb 26, 2023

If you did not sign the credit application for the issuance of the card you are not responsible for the debt. The credit company can sue the Estate. Whether or not, they will have a lien against the property will depend whether you were tenants in common or joint tenants with rights of... View More

1 Answer | Asked in Probate and Estate Planning for New Jersey on
Q: In NJ, is it fraud to make distributions dependent on signiture not to sue if willfull misconduct is later discovered?

Executor/trustee insists he won't give anything until all beneficiaries sign a document which says they agree that the will and trust documents state that the beneficiaries have no right to an accounting. The document also states that they cannot sue for any purpose, even if facts are later... View More

Morris Leo Greb
Morris Leo Greb
answered on Feb 20, 2023

Are you referring to a release and refunding bond or another document. If a release and refunding bond, you may insist on amending the document so the release excludes waiving any rights against the executor for improper action but the refunding bond should be signed if written in the traditional... View More

3 Answers | Asked in Foreclosure, Real Estate Law and Probate for New Jersey on
Q: Grandmother had a reverse mortgage on her house.  She passed away.  House is on Sheriff's Sale list.  What can be done?

Grandmother's property is in Camden County, NJ. Mortgage company entered a complaint in April 2022 that went unanswered because notification was NOT sent to the executor of the estate. Property is now in foreclosure scheduled for Sheriff's sale this week. The complaint, request for... View More

Leonard R. Boyer
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answered on Feb 5, 2023

The only way to obtain a meaningful answer and learn what can be done about this is to have either an in-person consultation or a secure video conference and document review. It will require you to pay an attorney for at least an hour of attorney time. Speculating as to what has occurred and the... View More

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2 Answers | Asked in Estate Planning, Real Estate Law and Probate for New Jersey on
Q: Joint Tenancy between Parent & Child Parent dies Will has Child as Executor; Beneficiary 100%.Does will need Probate?

Parent and Child is on the Deed . Parent dies and left Will with Child as Executor and 100 Beneficiary. Is there any reason the Will would have to be probated ? Doesn’t the survivor assumes 100 percent of the property is Deeded to both?

Leonard R. Boyer
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answered on Nov 25, 2022

There is no way to avoid probate and you will have to have a new deed recorded. Whether or not there is a mortgage may raise additional issues. You really need to have a virtual or in-person consultation with an experienced attorney. Good luck.

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1 Answer | Asked in Estate Planning, Collections, Elder Law and Probate for New Jersey on
Q: In NJ, my dad passed away having credit card debt. There was no co-ownership/joint owners with the credit cards.

We were unaware of him having credit cards nor have any evidence of credit cards until the bills and calls started rolling in. My dad did not have bank accounts in his own name. Whatever was jointly owned has been transferred through the right of survivorship to his wife. How can we pay for this... View More

Anthony M. Avery
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answered on Dec 8, 2023

Consult with a NJ attorney. But try to avoid Probate as that will attract the creditors. It is not the Spouse's debt, but sometimes the Spouse can be held liable for necessities. Again, avoid Probate, and see if any exemption statutes protect her.

1 Answer | Asked in Estate Planning, Collections, Legal Malpractice and Probate for New Jersey on
Q: Why didn't I get a physical copy of the agreement between me and my attorney and why won't you send me one?

The attorney that I retained never gave me the written agreement between us for what he should be doing and charging during administration of my mother's estate. I asked him to send me a copy but he never did. When I voiced my dissatisfaction about the services I had acquired. I received a... View More

Joel Gary Selik
Joel Gary Selik
answered on Nov 7, 2023

The attorney should most certainly provide you a copy. In some States the fee agreement is invalid if you do not get a copy.

Put your request for the fee agreement in writing.

1 Answer | Asked in Estate Planning and Probate for New Jersey on
Q: We are trying to figure out who is the next of Kin and we need to go to probate.

My wife’s mother and her husband “stepfather” owned a house and they both passed away. Neither of them had a will. Her mother died first and then her husband died. The children are not the husband's children. The New Jersey property is valued at $48,000. Does my wife and her sibling have... View More

Elisabeth Ann Lambert
Elisabeth Ann Lambert
answered on Nov 6, 2023

I'm not a New Jersey attorney, so I can only give you some basic guidance and a direction of where to look. You will need to search for "New Jersey intestate succession." This website seems to have a good overview of how property is distributed when there is not a will; called... View More

1 Answer | Asked in Probate for New Jersey on
Q: will credit card debt be forgiven after death with no real property?

will credit card debt be cancelled after parents pass ?

Morris Leo Greb
Morris Leo Greb
answered on Jul 7, 2023

Depends on whether there were cosigners as well as the size of the probate estate and other assets owned by the decedent.

1 Answer | Asked in Probate for New Jersey on
Q: Brother died in 2017 but I didn't find 2022. I'm admin for estate. What date is used for EIN Date Estate Formed?
Anthony M. Avery
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answered on Jul 3, 2023

Use the year that you were granted Letters of Administration.

1 Answer | Asked in Probate for New Jersey on
Q: How to remove unresponsive executor refuses to provide financials & He communicates with 4 of 5 beneficiaries.

He arbitrarily removed me from will by being non-responsive while communicating w/others. Executor refuses to provide financials. Myself and another beneficiary believe based on my father's income and sale of parents house that money is being hidden.

Morris Leo Greb
Morris Leo Greb
answered on Apr 12, 2023

The problem you raised is beyond the scope of this platform. The best thing to do is to retain an attorney who represents clients with complex estate difficulties.

1 Answer | Asked in Probate for New Jersey on
Q: Can a executor of a NJ decedent's estate claim an executor fee in regard to the decedent's trust?

The decedent was a NJ resident. The estate consists mainly of some bank accounts (with no designated beneficiaries) and a sizable inter vivos trust. I figure the executor can certainly take an executor fee in regard to the bank accounts but can the executor of the decedent's estate also... View More

Morris Leo Greb
Morris Leo Greb
answered on Mar 13, 2023

You failed to specify three very important issues. The first is whether the trust was irrevocable. The second was whether the grantor (creator of the trust) was also a trustee. The third is whether it was funded or was it funded by a 'pour over' provision in the will. Depending on these... View More

1 Answer | Asked in Probate for New Jersey on
Q: If a person dies without a will and the daughter is also on the deed does it need to go through probate
Morris Leo Greb
Morris Leo Greb
answered on Feb 16, 2023

Best practice would be to go through probate.

1 Answer | Asked in Family Law, Real Estate Law and Probate for New Jersey on
Q: I want to present the NJ Law on Adm'n of Estates for Reprobate in the Philippines. Where can I get an official copy?

The Philippine law on evidence requires an authenticated copy of the said law to be presented in court as proof of said foreign law. I am wondering how to obtain said official copy. Is it enough to print it myself and have the same Apostilled before the NJ Dept of Treasury, or is there a proper... View More

Morris Leo Greb
Morris Leo Greb
answered on Dec 5, 2022

Either from Justia.com or Thomas Reuters that owns Westlaw. West Publishing is located in Eagan, Minnesota.

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