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New Jersey Probate Questions & Answers
2 Answers | Asked in Probate for New Jersey on
Q: What are my rights as an heir to my mothers will

Is there a probate hearing in Cape May County NJ and how does that work. What if I wish to contest the executor named in the will. My brother is one of the executors and I dont know if I can trust him. What is the requirement of the executor to share all financial records of my deceased mother.

H. Scott Aalsberg
H. Scott Aalsberg
answered on Oct 3, 2020

Speak with a lawyer a probate hearing is generally only if the case is contested. The will generally is just filed with the court and the executor appointed as per the will. The fact that you don't trust him won't sway the court much as the person that needed to trust the executor was... View More

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1 Answer | Asked in Probate and Juvenile Law for New Jersey on
Q: If I’m 17 and on probation can I live with someone that isn’t a relative ?
H. Scott Aalsberg
H. Scott Aalsberg
answered on Sep 19, 2020

The decision will be up to your probation officer but generally you will need to live with your guardian who is generally your parents.

1 Answer | Asked in Probate for New Jersey on
Q: My son-in-law’s mother left her house to him and will was probated. He died before transfer of house. Is house his wifes

My son-in-law did not leave a will.

H. Scott Aalsberg
H. Scott Aalsberg
answered on Sep 11, 2020

Maybe, much more information would need to be known to properly answer this question, but the law would probably give her at least 25% See NJSA 3B:5-3(c)(1)-(2 )

2 Answers | Asked in Estate Planning, Family Law and Probate for New Jersey on
Q: I live in nj my bff is in the hospital in a minimal conscious state unable to make decisions

Is my minor child or my bf mother next of kin

H. Scott Aalsberg
H. Scott Aalsberg
answered on Sep 7, 2020

More information would be needed to properly answer your question as you did not say whether your minor child is also his child.

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1 Answer | Asked in Family Law, Civil Rights, Elder Law and Probate for New Jersey on
Q: Do lawyers have access to court audios?

Are attorneys able to get an audio of a court hearing that they're involved in fairly quickly?

Andrew M Shaw
Andrew M Shaw
answered on Aug 31, 2020

Yes, absolutely. For a $10 fee, it is quite simple to obtain audio of a Court proceeding. The audio file is usually provided by the Court within a couple days.

1 Answer | Asked in Criminal Law and Probate for New Jersey on
Q: Life Insurance Policy Missing

Deceased woman left a life insurance policy in her husband and son's name. The son was serving as her executor. Father told son her wishes were for him to divide it between her four children. He told dad he put it in his name because he didn't want to be taxed on it. His father said, in... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Aug 19, 2020

You never stated who you where so you may not have any case at all but the father may.

1 Answer | Asked in Estate Planning and Probate for New Jersey on
Q: Life Insurance policy made out to my brother and father

My mother died and left a life insurance policy with my brother and father's names on it. My father stated, she did this with the intentions of my brother dividing it amongst the 4 children. He claims he didn't want to be taxed on it so he put it in dad's name. He is my dad's... View More

Richard Diamond
Richard Diamond
answered on Aug 17, 2020

This is not a family law question but a question better directed to an estate litigation lawyer. It may be worth your time and money to sit down with a specialist to find out if you have recourse against your brother.

1 Answer | Asked in Estate Planning and Probate for New Jersey on
Q: Does a will need to filed with County surrogate (NJ) if only one small bequest and all assets pass to husband?

My mother in law passed with a will in NJ. One asset in her name, an IRA that transferred to her husband. One small bequest to a non family member ($2,500). All other assets jointly titled all passed to her husband (checking/savings, house)

Can the bequest be paid from checking account... View More

Derek John Soltis
Derek John Soltis
answered on Aug 16, 2020

The IRA probably had a named beneficiary so the will wouldn't matter unless the estate is huge.

And you are correct that the joint items passed to the Hubby as jointly titled. So, if he wants to write a check for $2500 it is up to him. However, he may be entitled to anything not...
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1 Answer | Asked in Probate for New Jersey on
Q: My husband passed away and left me as executor. Myself and my 2 children are beneficiaries. My brother in law is not a

beneficiary but i know he has a large amount of my husbands $. what can I do?

H. Scott Aalsberg
H. Scott Aalsberg
answered on Aug 6, 2020

Much more information would be needed to be known for a lawyer to advise you on what to do. I suggest you set up an in person consultation.

2 Answers | Asked in Probate and Estate Planning for New Jersey on
Q: My brother and I are both executors to my moms will. We probated her will 3 weeks after she past. I'm now finding out

about a 2nd will that was probated without my knowledge or consent is this legal? In nj

Derek John Soltis
Derek John Soltis
answered on Aug 5, 2020

You need to talk to an attorney.

Only one will is supposed to be probated. Every reason for 2 or more Will's I can think of is complicated and needs an attorney.

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1 Answer | Asked in Probate for New Jersey on
Q: mother died, no will, month later my sister passed. My brother in law wants everything, do I have aclaim?

Mother passed without a will (no spouse). I had no contact with her for 20 years, a month later (last week) my sister passed. My brother in law wants everything. I was willing to let my sister have it all. Never said that or signed anything stating that, I feel I am entitled to a part of my... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Aug 1, 2020

If your mother lived in FLA upon her death you need to speak with a Florida lawyer to see what your rights are.

1 Answer | Asked in Probate for New Jersey on
Q: I am executive of the my mom estate. She left money to my niece, which is a minor.

Her mother refuse to sign the papers to have the money move to a trust until my niece is 21. My brother signed but because they have shared custody the mother must sign. Do I have to get a lawyer to have the court make her signed the documents? She has no reason not to sign except to be... View More

Derek John Soltis
Derek John Soltis
answered on Jul 16, 2020

As an executor, you have duties to the estate. You are kind of in a pickle. Talk to a probate attorney to go over your options.

2 Answers | Asked in Probate for New Jersey on
Q: My brother passed away and had no will his kids made me administrator of the estate. How do I split the home

His son was living with him and wants to stay in the house. His Half sister says it’s ok but when he sells she wants half. How do I set that up? There are no other assets so how do I pay off his debts and end my responsibilities As administrator?

H. Scott Aalsberg
H. Scott Aalsberg
answered on Jun 27, 2020

You need to have a lawyer write up a new deed and agreement.

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2 Answers | Asked in Probate for New Jersey on
Q: Can a lawyer use incorrect information to justify a client's self dealing?

Estate executor used dealer "trade in" value as the basis for purchasing a vehicle for 7K that she had previously valued at 10-15K. Lawyer claims that because a dealer wrote a note claiming this is trade in value, it is now an appraisal that represents fair market value. I think there... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Jun 18, 2020

It doesn't sound like self-dealing in regards to the facts given however you can always let a lawyer look into the case. It is common for cars to be sold at the trade-in value rather than the private party or retail value.

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1 Answer | Asked in Elder Law and Probate for New Jersey on
Q: I understand that an executor can take a commission on income made on any asset from date of death to its Sale. True?

Stocks were sold recently and had a gain of over $100,000, for example.

Noel Rivers
Noel Rivers
answered on Jun 17, 2020

Yes. An executor is entitled to commission on the income from an asset of the estate. See New Jersey Statute 3B:18-13 which reads in part: Commissions in the amount of 6% may be taken without court allowance on all income received by the fiduciary.

3 Answers | Asked in Estate Planning and Probate for New Jersey on
Q: My grandmother passed away in 2008 she left a testament with property to her children they since passed what can be done

I have the testament with me I would like to keep the property the property is in Cabo Rojo, Puerto Rico

H. Scott Aalsberg
H. Scott Aalsberg
answered on May 18, 2020

You need to contact a lawyer in Puerto Rico to see if you have any rights to the property.

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1 Answer | Asked in Probate for New Jersey on
Q: Hello. My sister and I are co-executors of my mother's will who passed on 5-11-20 at the age of 93 from dementia.

Decided to delete the details

Derek John Soltis
Derek John Soltis
answered on May 17, 2020

I am sorry to hear about your situation. Yur first step should be to speak to an attorney about all of your rights and options. You really do not want to have your personal information discussed in a public forum.

1 Answer | Asked in Estate Planning and Probate for New Jersey on
Q: My father owns house in NJ. Mother passed 2010, house still in both their names. In will, they left to ONE sibbling of 7

Can this be contested? Would it go through probate?

Richard Diamond
Richard Diamond
answered on May 6, 2020

The short answer is that you need to have a consultation with an estate law specialist.... not a general practitioner who does some estate work. Here though is the question that he is going to ask since your dad is still alive. I presume that the house is in joint name between your mom and your dad... View More

1 Answer | Asked in Probate for New Jersey on
Q: G/M MY SISTER WAS UNDER GUARDIANSHIP OF THE STATE, SHE PASS In OCT. THE ySOLE HER HOUSE I AM TRYING TO GET THE FUNDS,

i hired a lawyer six months ago but they are not getting any answers from their lawyers. Should I hire another lawyer ?

Derek John Soltis
Derek John Soltis
answered on May 6, 2020

I am sorry to hear about your situation. It would not hurt to talk to another lawyer about your situation. With COvid-19 many things related to the government have been put on Hold, so even hiring another attorney may not help at this time, but going over your situation with another attorney may... View More

1 Answer | Asked in Probate for New Jersey on
Q: Is it possible to have funds released from a person's life insurance policy for burial if the person has no beneficiary

Executor of estate or estate? There is also no next of kin to establish an executor.

Nina Whitehurst
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answered on May 5, 2020

The executor does not HAVE to be "next of kin". Anyone with an interest in the case can petition the court to be appointed executor, and then the executor can receive the life insurance proceeds and use the funds to pay expenses of administering the estate.

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