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New Jersey Probate Questions & Answers
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.

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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.

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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.... Read 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.

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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
Nina Whitehurst 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.

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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... Read 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... Read 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... Read 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.

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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... Read 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 Esq.
H. Scott Aalsberg Esq. 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.

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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... Read 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... Read more »

1 Answer | Asked in Probate for New Jersey on
Q: My single brother died with no children. Two surviving brothers. How do we get access to bank account for burial ?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on May 3, 2021

The answer would depend on many factors the first and most important is what's in his will if he has one if not this will be a long process.

1 Answer | Asked in Real Estate Law and Probate for New Jersey on
Q: My great grandmother owned land/property in Puerto Rico. Is it mandatory that we retain an attorney in PR for probate?

My grandmother believes that she is the rightful owner as the next of kin. However, I am trying to locate any documentation that proves same as Hurricane Maria heavily damaged the home.

Morris Leo Greb
Morris Leo Greb answered on May 3, 2021

It would be wise to speak to an attorney here in NJ who is also admitted in PR and familiar with PR probate proceedings.

1 Answer | Asked in Probate for New Jersey on
Q: I live in NJ & my deceased father lived in puerto-Rico. Do I find a probate lawyer in my state or his?
Derek John Soltis
Derek John Soltis answered on Apr 7, 2021

His state. Does he have anything to be probated in NJ or PR for that matter?

2 Answers | Asked in Probate for New Jersey on
Q: Is 50 interrogatories normal in will dispute?

My dad left me the house, I cared for him 24/7 for 400 days. My siblings all own their own homes and never visited or came to funeral, but want the house. The house has a lean that I was paying

Derek John Soltis
Derek John Soltis answered on Apr 5, 2021

I am sorry to hear about your loss.

So, 50 interrogatories can be high or low based on the case and what is being asked and why. Have one case where over 60 medical subpoenas are going out based on things that happened and multi years of multiple doctors. The interrogatories varied from...
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1 Answer | Asked in Estate Planning and Probate for New Jersey on
Q: In NJ how long does a spouse have to file for elective shares?

My father passed away and there was a prenup and his wife got nothing, it’s been almost 1 year since his passing and 7 months since the will was probated and I was made executor, she keeps asking me for things and if I don’t agree she threatens with these elective shares, is there a time limit... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Apr 1, 2021

No one can answer any questions about the "elective" shares, without reviewing them. If you were previously represented by counsel, then you need to contact that attorney. If not, you are going to need to retain counsel to resolve this matter. During this pandemic, you have a choice of... Read more »

1 Answer | Asked in Probate for New Jersey on
Q: When calculating executor commission, do you count only probate assets or also non probate assets with designated benef?
Derek John Soltis
Derek John Soltis answered on Mar 29, 2021

Tricky question. The key phrase if you dig into the law is "taken in by the executor." A non-probate asset may end up in the executor's hands. So a non-probate asset designated in a poor way may have to be probated. (Example: 401k beneficiary names a dead sibling. No secondary... Read more »

1 Answer | Asked in Probate for New Jersey on
Q: In NJ how does mom/executor access streamlined or no probate for deceased dad's non-joint bank acct. with $9,000 in it?

Trying to help mom through these last few steps. The bank has made her husband's bank non-joint account an Estate of [his name] account. We have read that, if the decedent did not have valuable property over $20,000, surviving family members can take advantage of New Jersey’s simplified... Read more »

Barbara Ungar Esq.
Barbara Ungar Esq. answered on Mar 4, 2021

Your mom would need to file the correct forms with the probate court in the county where she resides. If her husband had a will and the will named her the executor of the will, she would need to fill out the probate forms with the original will and submit it to the probate court where she resides.... Read more »

1 Answer | Asked in Probate for New Jersey on
Q: How I do creditor claim against my ex husband probate estate if court was in NV, but he moved to NJ?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Feb 18, 2021

A judgment in one state can be enforced in another.

2 Answers | Asked in Real Estate Law, Probate and Estate Planning for New Jersey on
Q: Grandfather passed away with no spouse father passed away 2 months after no will was made who inherents the estate

Im am the grandson and attempting to begin the probate process i assume...

Kevin E. Flynn
Kevin E. Flynn answered on Jan 20, 2021

I am sorry for your loss. This question was pushed out to patent attorneys and does not belong there. I am responding so that the question it linked to the right groups.

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