Lawyers, Answer Questions  & Get Points Log In
New Jersey Probate Questions & Answers
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... View More

Morris Leo Greb
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.

1 Answer | Asked in Probate for New Jersey on
Q: Can you be Sued over an Estate 5 years after the death of a Parent. Their was No Will, Power of Attorney or Executor
Morris Leo Greb
Morris Leo Greb
answered on Nov 11, 2021

The statute of limitations for filing a complaint varies depending on the cause of a action. I the claim is based on a personal injury, the answer most likely is no. If the cause of action involves a contract or monetary dispute, the answer most likely is yes.

1 Answer | Asked in Probate for New Jersey on
Q: My attorney, who has drawn up my Will, is named as my executor in my Will. Can he be a witness to my signing my Will?

His wife is the notary.

Morris Leo Greb
Morris Leo Greb
answered on Oct 27, 2021

A better practice would be to have the will prepare by another attorney. This would eliminate any potential claim of undue influence exercised by the attorney.

2 Answers | Asked in Probate for New Jersey on
Q: I have a copy of letter I recieved how can I share it
Morris Leo Greb
Morris Leo Greb
answered on Oct 22, 2021

In sufficient information to even begin considering a proper response.

View More Answers

2 Answers | Asked in Probate for New Jersey on
Q: received letter

recieved a letter that my aunts attorney sent wanting me to sign over my rights and make her executer of my grandmothers will or the truste and I'm next of kin

Morris Leo Greb
Morris Leo Greb
answered on Oct 22, 2021

The testator, the person who makes a will, controls who the executor will be. If there is no will, an administrator is appointed by the Surrogate or a Judge of the Superior Court. You may have the right to be administrator, follow through by retaining the services of an attorney who is familiar... View More

View More Answers

3 Answers | Asked in Probate for New Jersey on
Q: recieved a letter that my aunts attorney sent wanting me to sign over my rights and make her executer of my grandmom

recieved a letter that my aunts attorney sent wanting me to sign over my rights and make her executer of my grandmothers will or the truste and I'm next of kin

Nina Whitehurst
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 22, 2021

What is your question?

View More Answers

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
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View More

View More Answers

1 Answer | Asked in Real Estate Law and Probate for New Jersey on
Q: mom's will states that house goes to son and adjacent property to daughter but house and property are not subdivided.

if no subdivision is done, and son agrees to pay sister in future when property is sold, what legal/tax issues does sister need to be aware of now or in the future?

Morris Leo Greb
Morris Leo Greb
answered on Aug 20, 2021

Divisions of property which is the result of probate are exempt rom subdivision laws but not zoning laws.

1 Answer | Asked in Probate for New Jersey on
Q: Executor rights

As executor of my fathers estate, would a judge force me to sign off for his medical records to be released to his wife? I don’t want to sign but I don’t know if I have a leg to stand on.

Morris Leo Greb
Morris Leo Greb
answered on Aug 19, 2021

The answer depends on all the facts involved, none of which are disclosed. My best suggestion is to speak to an attorney if you have not already retained one.

2 Answers | Asked in Estate Planning and Probate for New Jersey on
Q: Man dies w/o wife or children. Parents dead. Has a step brother & another step brother dead but had kids kids heir
Morris Leo Greb
Morris Leo Greb
answered on Jul 16, 2021

Please be more specific with your question.

View More Answers

2 Answers | Asked in Estate Planning, Civil Litigation and Probate for New Jersey on
Q: I lived w a man for 10 yrs & he just died he hasb2 children. He had a small policy just for the funeral in my name.

Do I have rights regarding anything else?

Morris Leo Greb
Morris Leo Greb
answered on Jun 25, 2021

Yes, you may have certain rights. The palimony statute has changed in NJ. I would suggest you read it carefully.It is a bit confusing. The best thing to do is seek an attorney with experience to discuss this issue.

View More Answers

2 Answers | Asked in Probate for New Jersey on
Q: Step mother died the. My father died 17 hr. Later

When they married her 2 children were grown and out of the house. They never lived with my gather and nothing was ever in their mothers name. There was a joint account that only my dads money went into and the bills were paid from and she had her own account that her money went in and she spent.... View More

Morris Leo Greb
Morris Leo Greb
answered on Jun 21, 2021

Your narrative raises a number of interesting issues. However, there was no question posed? The best suggestion would be to seek the advice of an attorney.

View More Answers

3 Answers | Asked in Probate for New Jersey on
Q: Can a Executrix change any information on the Will after the death of the person?

Received a Will to sign and the information does stay the verbal information I was told by the deceased.

Nina Whitehurst
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 18, 2021

The short answer is no, a will cannot be changed after the testator has died. You probably did not receive a will to sign. The only will you can sign is your own. If you do not understand what you are being asked to sign, you should take it to a probate attorney to review.

View More Answers

1 Answer | Asked in Estate Planning and Probate for New Jersey on
Q: My grandmother died, had a revised Will created years ago, but nobody can find a copy yet. What happens with her estate?

When a Will is created, is it filed anywhere so heirs can get a copy? There is a prior Will that her son took her to have drawn up, which he likely still has a copy of. Then her son took all of her life savings, putting her in financial ruin. So, she changed her Will after that with a different... View More

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

A will is necessary for probate in order for an individual named as executor to qualify. Other wise the decedent is considered to have passed intestate. The Court will appoint an administrator. A bond, in an amount set by the Surrogate must be obtained. The Estate is then distributed in the manner... View More

1 Answer | Asked in Probate and Estate Planning for New Jersey on
Q: How do I get hold of a last will and testament, my mother says I'm in the will, but my aunts wouldnt share that info
Michael Andrew Conte
Michael Andrew Conte
answered on Jun 15, 2021

Contact the Surrogate’s Office of the county where the deceased person lived.

2 Answers | Asked in Estate Planning, Foreclosure, Real Estate Law and Probate for New Jersey on
Q: My grandmother died with a reverse mortgage on her house with no co-borrowers. How soon can the lender take the house?

Family is searching for the latest Will. Nobody remembers the attorney's name to try to find her to get a copy of the Will. Can the lender call the loan due and/or foreclose on the house before the estate goes through probate? Can anyone else who lived in the house taking care of my... View More

Morris Leo Greb
Morris Leo Greb
answered on Jun 14, 2021

My best response is that you have raised many important issues that require extensive responses which are beyond the scope of the platform. The best thing to do is retain the services of an attorney who is familiar both with real estate law and probate law.

View More Answers

1 Answer | Asked in Estate Planning and Probate for New Jersey on
Q: Step mother died the. My father died 17 hr. Later

When they married her 2 children were grown and out of the house. They never lived with my father and nothing was ever in their mothers name. There was a joint account that only my dads money went into and the bills were paid from and she had her own account that her money went in and she spent. We... View More

Morris Leo Greb
Morris Leo Greb
answered on Jun 10, 2021

What is the question?

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for New Jersey on
Q: If a US Citizen (not dual) who lives in NJ owns land in the Philippines and this person dies without a will, what...

... what country's laws apply when it comes to inheritance concerning the land owned in the Philippines?

Rajeh A. Saadeh
Rajeh A. Saadeh
answered on Jun 2, 2021

This is a question for an estate administration lawyer. Please contact an estate administration lawyer for assistance.

2 Answers | Asked in Probate, Arbitration / Mediation Law, Civil Rights and Elder Law for New Jersey on
Q: My Aunt (now deceased-covid) had a will in 2008. The person on that will is contesting “new” will. Stating incompetent

He already took her 2 friends estates. She got angry and devised a new will. A lot of $ involved.

H. Scott Aalsberg
H. Scott Aalsberg
answered on May 30, 2021

This person obviously knows what he is doing so you better get a good lawyer to make sure he doesn't win.

View More Answers

1 Answer | Asked in Probate for New Jersey on
Q: Where/How do I obtain a Verified Compliant/Order To Show Cause form to submit to Surrogate Court, Essex County NJ?

If Obtained can I file the compliant/order myself? Surrogate court does not provide the forms! A court clerk informed me that the forms are not available online. I still searched for hours to no avail. I don't qualify for low income legal assistance and can't afford $5,000+ to pay a... View More

Morris Leo Greb
Morris Leo Greb
answered on May 14, 2021

Although you have an absolute right to represent yourself in the Courts of NJ, my best advice is that you speak to an attorney, From reading between the lines of your question, I sense that the issues involved are sufficiently complex and, thus, require guidance in the complexity of probate... View More

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.