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New Jersey Probate Questions & Answers
1 Answer | Asked in Probate for New Jersey on
Q: Hi my father has land and a house in Puerto Rico, he's been divorced for 30 year's. Is the ex entitled to the property
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Aug 29, 2022

That would depend on a lot of information that is missing such as was their a property settlement agreement when they got divorced. Was she still named on the deed. Was she living in the property and this is just three of the many questions a lawyer would need to ask before giving you an answer.... Read more »

1 Answer | Asked in Real Estate Law and Probate for New Jersey on
Q: Do I as a primary beneficiary name to inherit property have the right to pay the taxes
Morris Leo Greb
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Morris Leo Greb
answered on Aug 1, 2022

Very briefly, anyone can pay the real estate taxes. Speak to an accountant as to whether the payment is tax deductible for you or is considered a gift which may trigger having to file a gift tax return.

2 Answers | Asked in Estate Planning and Probate for New Jersey on
Q: In NJ, if there are two Memorandums of Tangible Personal Property, does the most recent override the first one?

One was handwritten around 2007, maybe earlier. The other one was written in 2014. The first list contains a necklace that was given to me, by my mother in 2014. My mother passed Dec, 2021. The other sister says it’s still part of the list and wants it back. I strongly disagree.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Jun 26, 2022

Sounds like you have the item and it was on the later list so it sounds like you have the right to keep it. But a lawyer would need to review all the documents and the estate documents issued by the probate court to tell you anything with certainty.

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3 Answers | Asked in Estate Planning and Probate for New Jersey on
Q: My sister passed away and I am the one who managed her trust. It is to be split between me and two brothers.

My sister passed away and I am the one who managed her trust (approximately $250K). It is to be split between me and two brothers. My question is, do I simply distribute the trust, a third each and have each of us 3 declare the inheritance and pay taxes at our year end taxes, or does the trust pay... Read more »

Leonard R. Boyer
Leonard R. Boyer
answered on Jun 24, 2022

You really need to retain an experienced Probate attorney, who will know how to handle the provisions of the trust. This is a legal question, not an accounting question. Only attorneys are licensed to give legal advice, not accountants. Another type of attorney you could consider is an Estate and... Read more »

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1 Answer | Asked in Estate Planning and Probate for New Jersey on
Q: if someone’s will says you recieve the money through the trust at age 21 but the trust now says 40

the trust didn’t always say 40. just lost the copy of the original but would i. e able to take it to court and get atleast some of

the money

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Jun 23, 2022

Looks Like something fishy is happening here looks like you should hire yourself a good lawyer to investigate and file a suit if necessary.

1 Answer | Asked in Probate for New Jersey on
Q: If my (now-deceased) mother has a will, but her estate is worth less than 10K, can we do "small probate."
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on May 8, 2022

You don't have to worry about doing small probate because she died with the will, just have executor file the will with the local county probate office. Luckily when you die having a will the probate process is much easier, even a simpler procedure than with "small probate". Using... Read more »

1 Answer | Asked in Estate Planning and Probate for New Jersey on
Q: Mom passed without a will and left two houses in dads name in PR, are they considered an asset of her estate?

Dad passed years ago but houses were not distributed or new deeds were not done so now that mom passed the houses are still in his name. Are they considered an asset of her estate? Would they need to be listed on her estate paperwork in the US? Or is US and PR kept separate? We will need to use... Read more »

Morris Leo Greb
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Morris Leo Greb
answered on May 3, 2022

Whether the assets are part of your mother's estate will depend on how title to the property was deemed to have passed at your father's death. If title passed by operation of law to your mother, the property is part of your mother's estate. It may be used for any lrgal purpose by the... Read more »

1 Answer | Asked in Probate for New Jersey on
Q: Do we have enough to file a grievance for an executor of our aunt's will with the state of NJ?

Aunt passed 9/28/21. Will was probated in Dec. My brother & I are beneficiaries of IRA's & our children are in the will, each to receive a set amount of cash. We have a copy of the will, but not the death certificate. Our children have yet to receive notification that the executor has... Read more »

Morris Leo Greb
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Morris Leo Greb
answered on Feb 8, 2022

The brief details appear sufficient to proceed with an application to have an administrator cta (with will attached) appointed.

1 Answer | Asked in Estate Planning and Probate for New Jersey on
Q: Single with children and no will

My partner and I are unmarried with two

minor children. With no will what would happen to the property in only his name?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Jan 13, 2022

If your asking what will you get, in general a spouse will get only get an elective share as required by NJ law but only if you were living with your spouse at the time of his/her death and you were not subject to a post or prenuptial. Elective share generally ranges to about 1/3 of the persons... Read more »

1 Answer | Asked in Probate for New Jersey on
Q: Dad died no will 5 siblings I apply for administrative certificate all 3 siblings signed/notarized the renunciation

Document except my brother who is incarcerated. Do I need his permission to move forward or does the majority of us rule?

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

Apply for administration, listing all the siblings. The Surrogate will appoint or more of the siblings as administrator(s).

1 Answer | Asked in Estate Planning, Family Law, Legal Malpractice and Probate for New Jersey on
Q: Can the lawyer(s) of an estate representative be held accountable for allowing representative to breach fiduciary duty?

Taxes for a property of the estate has not been paid for over a year resulting in a tax sale being issued on the property. I have reached out to the counsel of the estate representative to inform them of the unpaid tax and tax sale notices multiple times and they have ignored my messages.... Read more »

Richard Diamond
Richard Diamond
answered on Dec 7, 2021

This is not a family law question and should be answered / directed to an estate lawyer to guide you on your rights in addressing the obligations of those responsible for administration of the estate.

2 Answers | Asked in Federal Crimes, Family Law, Health Care Law and Probate for New Jersey on
Q: Is knowingly submitting false information or hiding relevant information on a Medicaid recovery claim document fraud?

I live in the state of New Jersey. My sister is currently administering my late mother’s estate, which includes a Medicaid lien of 200 thousand dollars (including additional charges). Medicaid sent notice to the estate administrator to provide a full accounting of the my late mother’s estate.... Read more »

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

Yes submission of knowingly false information to the government is a criminal act. The possible maximum penalties are quite severe. I suggest you speak to an attorney with experience in handling federal criminal acts.

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2 Answers | Asked in Estate Planning, Real Estate Law, Civil Litigation and Probate for New Jersey on
Q: Is it a breach of fiduciary duty if an estate administrator quick sells two properties for less than they are worth?

My sister is currently Administratrix of my late mother’s estate and has already committed various breaches of fiduciary duty, including requesting the estate reimburse her for debt owed by the decedent she was liable to pay as power-of-attorney and attorney-in-fact to the decedent before her... Read more »

Derek John Soltis
Derek John Soltis
answered on Nov 17, 2021

You need to go over everything you just asked a question about with an attorney. I have seen a $400 home sell for $78,000 because of liens that couldn't be avoided so the new owner took on the liens. I have also see properties sell under market value because a hoarder lived in them, tenants... Read more »

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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... Read more »

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

In sufficient information to even begin considering a proper response.

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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
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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... Read more »

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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
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Nina Whitehurst
answered on Oct 22, 2021

What is your question?

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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
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Nina Whitehurst
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... Read more »

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