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New Jersey Probate Questions & Answers
1 Answer | Asked in Probate for New Jersey on
Q: Wife's father passed his will states everything to wife. Executives family kept us out of loop. His wife is incompetent.

Executives were co executives daughter and grand. We hired a lawyer cause we were told there is no money left. All we asked for was to find out where the father's money went. Also poa was gotten illegally of the wife. Hired the layer we ask to get poa removed which was done illegally and he was... Read more »

Derek John Soltis
Derek John Soltis answered on Nov 21, 2019

I am sorry to hear about your situation. You need to bring all of the documents to an attorney that understands NJ laws regarding guardianship and probate. There are too many questions that need to be asked of you to answer in a public forum. The attorney will definitely need to go over all of... Read more »

2 Answers | Asked in Estate Planning and Probate for New Jersey on
Q: My father passed and there are 4 total children, do ALL children have to agree before the house can be sold?
Vincent Gallo
Vincent Gallo answered on Nov 3, 2019

Responding from a New York perspective, if all four parties cannot agree, if your father passed and had a will, the world should be probated and the executor would then have the power to sell. If he did not have a well, and administrator could be appointed, preferably one of the four children, and... Read more »

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1 Answer | Asked in Probate for New Jersey on
Q: My partner in a Rental home LLC died, we are 50/50, the son , the executor is not doing any work . what can i do ?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Oct 21, 2019

Hire a lawyer you may have to disolve the LLC and sell the property if this wasn't planned before.

1 Answer | Asked in Probate for New Jersey on
Q: How can I claim proceeds of a life insurance policy when a beneficiary is deceased?

My aunt had passed away in NJ in 2014 leaving a life insurance policy of $17,000 with 2 beneficiaries. The beneficiaries are her two siblings, one being my father who had passed away in 2015. My surviving aunt, also a beneficiary (executor of my deceased aunt's estate) has already claimed her... Read more »

Nina Whitehurst
Nina Whitehurst answered on Oct 4, 2019

If the small estate affidavit is done correctly, the check should end up being made payable to your father's heir(s). If you are his only heir, then it should be made payable to you. You should hire a local probate attorney to help you with you. It is a fairly simple matter and should not be... Read more »

1 Answer | Asked in Estate Planning and Probate for New Jersey on
Q: My dad just passed away in PR. He only lived there 16 months, I am one of 3 of his children. What steps are needed now?

My dad inherited property which is being lived in by a family member. My dad also received an inheritance when his mother passed away. Since he lived most of his life in NJ, must I go through probate process in both NJ and PR? He did not have a will and death was sudden and unexpected.

Nina Whitehurst
Nina Whitehurst answered on Oct 4, 2019

You need to hire a probate attorney in PR for certain, because the main probate occurs where the decedent resided when he died. You will also need to open an ancillary probate in every other state in which the decedent owned property, using local probate attorneys.

This is just one of many...
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1 Answer | Asked in Probate, Estate Planning, Landlord - Tenant and Real Estate Law for New Jersey on
Q: My step-father owns the house. My mom married him and her name is also on the deed to the house. She died first

and now my step-father passed away. On his will he has his son being the one to get the house. Am I entitled to my mom's half of the house

Nina Whitehurst
Nina Whitehurst answered on Sep 18, 2019

It depends on EXACTLY how the house was titled when your mother passed. It might have all gone to your step-father and then to his son pursuant to his will, but there are a myriad other possibilities. Show the deed and the two death certificates to a local real estate attorney or a local probate... Read more »

1 Answer | Asked in Estate Planning and Probate for New Jersey on
Q: In NJ. Father did not name estranged son in will but did not disinherit. Is son entitled to a potion of estate?

The will names 2 of the 3 natural children. A copy of the will was sent to estranged son.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Sep 11, 2019

Maybe an attorney would need to read the will to tell you what you're entitled to

1 Answer | Asked in Probate for New Jersey on
Q: Should my grandmas will go they probate? The day before my grandma passed Uncle got friend to notarize POA?

There was NO WAY my grandma was coherent to grant that. Then the day she died, I believe he went to the bank and cashed her 2cds from 1950 and emptied her checking and savings account out. The following day after he did that he told me I could have whatever I wanted out of the house. When I got... Read more »

Marcel Wurms
Marcel Wurms answered on Sep 9, 2019

If you're grandmother was incompetent when she signed the POA, then it wouldn't be valid. Proving that could be tough and expensive. However, the cost of the litigation, if you have a valid basis for bringing it, might be payable by your grandmother's estate.

Did your uncle probate the...
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1 Answer | Asked in Estate Planning, Contracts and Probate for New Jersey on
Q: A verbal contract, between 2 people , no will. Uncle and nephew, is it a binding contract. Witnesses observed
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Aug 26, 2019

It would violate the statute of frauds

4 Answers | Asked in Bankruptcy, Foreclosure and Probate for New Jersey on
Q: What can I do to stop foreclosure on the house and settle parents' estates w/o taking on responsibility for their debts

that could potentially affect my credit. Both parents died in 2017 with NO wills. They both have massive amounts of medical debt and there is a mortgage on the home. I'd prefer not to move from the home and am named as an heir by the mortgage company (and named resident) and am contemplating... Read more »

Michael David Siegel
Michael David Siegel answered on Jul 16, 2019

You can just pay the mortgage. The bank does not care where the cash come from. As to the debts, you are not liable personally. If the debt exceeds the asset value of the estate, there is no benefit to an estate.

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1 Answer | Asked in Estate Planning and Probate for New Jersey on
Q: Can an executor distribute property to unnamed beneficiaries (if all parties are in agreement)?

My mother would like to give me my late grandmother's house. The estate is still under probate, my mother is the executor and sole named beneficiary. Can she do this as part of the estate, so that it is not subject to gift tax?

Brian Winters
Brian Winters answered on Apr 29, 2019

That’s not really a family law question. You should consult with an accountant

1 Answer | Asked in Contracts, Real Estate Law, Appeals / Appellate Law and Probate for New Jersey on
Q: In Yesterday's Publication in regards to Wis.Stat. sec. 893.80{1}d , It is the reason that the defendants were dismissed

My Case No. 17-CV-106 in Rusk County used the same defense against my estate to get dismissed from the action . My case is on CCAP and I would like to know how it relates to Judge Andersons reasoning and Oral decision . Please call me at 860-460-7399 . Thank you , Hugh F. McCaffery , Jr.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 25, 2019

If you are wondering why lawyers here on Justia frequently advise people to consult with a lawyer who handles their issue it is because Justia is a free online legal forum established to allow members of the public to ask general legal questions. Most of the lawyers are very experienced successful... Read more »

1 Answer | Asked in Probate for New Jersey on
Q: What can I do if someone is the executor and run off with the money and don't pay any bills?

My sister's friend didn't pay for taxes, last bill, or property taxes. She is no where to be found. I have sent certified notifications to her last know address with no response.

Noel Rivers
Noel Rivers answered on Apr 15, 2019

If an executor does not pay bills that are owed by the estate and then steals money from the estate, a beneficiary of the estate can bring an action in court against the executor. If an executor fails to act under his duties and obligations to the estate, the beneficiary should seek to have the... Read more »

1 Answer | Asked in Probate for New Jersey on
Q: My sister, a New Jersey resident, has passed away leaving more debt than assets. What will I have to do to for probate
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Apr 13, 2019

In general, It is the duty of the heir or the person desiring original letters of administration to make application to the Surrogate of the county in which the intestate resided at death. It is an easy process, if the person has little in the way of assets, but you may still want to have an... Read more »

1 Answer | Asked in Tax Law, Real Estate Law and Probate for New Jersey on
Q: Will I eventually have to pay inheritance taxes on my own equity investments on home owned by my insolvent mother?

My sister and I together inherited half a summer home from our father. Our mother owns the other half. We want to buy out our mother and we have the funds to cover her half of the equity. But we can’t get a loan to cover the remaining mortgage, because the property is a duplex, not our primary... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 1, 2019

There are at least four different but related legal issues involved here. One of the answers includes practical advice which if followed could eliminate all other issues. Consider hiring a good lawyer to help you chart a path through this minefield.

2 Answers | Asked in Estate Planning, Real Estate Law, Tax Law and Probate for New Jersey on
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?

My sister and I each inherited 1/4 of a vacation property in Brigantine NJ upon our father’s death. Our mother owns the other half. My sister and I have been paying the mortgage for 5 years now and we want to invest a large amount of money on repairs and improvements. We want to buyout our... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Mar 30, 2019

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... Read more »

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1 Answer | Asked in Probate for New Jersey on
Q: My mother divorced my stepfather prior to his death. Are my sister & I equal heir to his will. He had 3 biological kids.

We are included as equal hiers in his final will/testament, without clear written distinction between his own biological children or ourselves.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Mar 17, 2019

You definitely could be, an attorney would need to read the Will to tell you with any certainty.

1 Answer | Asked in Probate for New Jersey on
Q: 3B:10-3 2016 is cited as in small estates (under $50,00)an asset can be transferred without going thru probate.

involved is an automobile with estimated value under $15,000.

No other assets are involved

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Mar 8, 2019

You have not provided a question to answer only a statement.

1 Answer | Asked in Probate for New Jersey on
Q: can someone with a felony charge be named a personal representative in a will
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Mar 7, 2019

Anyone could be named in a will the problem would be if the will requires a bond could they be able to get one.

1 Answer | Asked in Probate for New Jersey on
Q: My estranged sister was a beneficiary of our deceased father's life insurance. I am the executrix.

My sister has not claimed her share of the policy and the insurance company will not give it to the estate. What will now happen?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Feb 27, 2019

I would suggest that you contact her to make sure she knows that it is waiting for her to claim.

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