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New Jersey Probate Questions & Answers
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 Esq.
H. Scott Aalsberg Esq. 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... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. 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... Read 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 Esq.
H. Scott Aalsberg Esq. 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... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. 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 Esq.
H. Scott Aalsberg Esq. 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... Read 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... Read 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
Nina Whitehurst 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.

1 Answer | Asked in Estate Planning and Probate for New Jersey on
Q: I own a home with mom that pasted away and have a mortgage. I have 4 siblings that won’t let me rent out the apt

I can’t afford the mortgage by myself. I have a sibling that lives There and pays nothing. Now that my mom is gone refuses to pay anything.

Leonard R. Boyer
Leonard R. Boyer answered on Apr 29, 2020

I am sorry to learn of your Mom's passing. I know exactly what you went through. What you are going to need to do to solve this problem is to bring a partition action to enable a sale of the property. If your mom past without a will then you will need a Probate attorney in addition to a civil... Read more »

3 Answers | Asked in Estate Planning and Probate for New Jersey on
Q: My mom transitioned 3/30/20 her wish was to sell her home once she expired. No Will was found. How can I sell her home?

I’m POA/POD. Her home is paid for. Mom has 4 bum kids over 55. My mom didn’t want her bum kids getting any of the money from the sell of her home she wanted it to go in trust. The other siblings will offer no resistance to the sell of the home.

Derek John Soltis
Derek John Soltis answered on Apr 28, 2020

You need to go through the Probate process. You will need her death certificate. You should also get the other kids to sign off on you being the personal representative for the estate. Since there isn't a will you would have to get a bond to serve as the personal representative.

If...
Read more »

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1 Answer | Asked in Probate for New Jersey on
Q: My mom died on 4/16. Assets were $50 in her check acct which I jointly owned. Does her will need to be probated in NJ?

Mom had been living in an assisted living facility which exhausted all of her cash assets. Her checking account, of which she and I were co-owners, has a present balance of $50. She had no other assets. She sold her home years ago and was living with me before she went into the assisted living... Read more »

Derek John Soltis
Derek John Soltis answered on Apr 28, 2020

I am sorry for your loss. The $50 automatically passes to you as the joint owner of the account. It does not sound like you have any reason to probate the will since there are no other assets.

1 Answer | Asked in Probate for New Jersey on
Q: I am probating my mother’s will. I have a short form designating me as executrix of her estate. My brother will receive

Part of her estate, but he doesn’t have a bank account. I’m uncomfortable sending him a substantial check. Do I have any legal recourse? Can I stipulate that the funds will be dispersed through direct deposit only? Thank you.

Noel Rivers
Noel Rivers answered on Apr 27, 2020

If you are uncomfortable sending him a check for a substantial amount, you can mail it USPS Certified Mail, return receipt, so he has to sign for it.

1 Answer | Asked in Estate Planning and Probate for New Jersey on
Q: My deceased mom left money to my kid in a brokerage account. Can she gift back to me and are there tax implications?

It's a total of $300k

Nina Whitehurst
Nina Whitehurst answered on Apr 19, 2020

Yes your child can gift the money back to you. It would be a taxable gift but the odds are no gift tax will be owing due to a lifetime gift tax exemption in excess of $11 million per person at this time.

2 Answers | Asked in Estate Planning, Elder Law and Probate for New Jersey on
Q: My deceased mom put her Brokerage account only in my kids (over 30 yrs old) names. They want to disclaim it

And give it to me. I am the executor. What do I need to do. Want to avoid probate

Nina Whitehurst
Nina Whitehurst answered on Apr 19, 2020

You need to schedule a personal consultation with a probate attorney and provide more facts. Disclaimer might not achieve the result you want because it results in your children being deemed to have predeceased your mom with the result that the funds would go to persons other than you, depending on... Read more »

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1 Answer | Asked in Probate for New Jersey on
Q: Our mother left her will to her grandchildren. They want to disclaim their inheritance

Our mother left her will to her grandchildren. They want to disclaim their inheritance. Can they disclaim it to their parents ? If yes can they put a money value of what they will accept and disclaim the rest ? Will it automatically pass to their heirs or can they name who it will pass to? Some... Read more »

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

You should have an attorney review the will. The questions you are asking can have different answers based on what is exactly in the will. The ages of the children will also need to be factored.

1 Answer | Asked in Estate Planning, Tax Law and Probate for New Jersey on
Q: At which point does an executor take their payment(s)? At the beginning, during or end?

My uncle withdrew his entire fee and now the estate account is empty with property taxes, home insurance and utilities overdue and is looking into selling the house. Is my uncle or myself(beneficiary living in the home) responsible for the bills? Also, is there estate tax and inheritance tax due in... Read more »

Derek John Soltis
Derek John Soltis answered on Mar 27, 2020

The fee should not be taken until the estate is settled. The house sounds like it is going to need to be sold to make the estate whole. The estate tax is based on who takes what and the relationship to the deceased. You are better off talking to a probate attorney to get direct answers to your... Read more »

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