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New Jersey Probate Questions & Answers
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...
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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 »

1 Answer | Asked in Probate for New Jersey on
Q: Hello, I had a Gradfather recently pass that I had no contact with. He lived in Puerto Rico.

His son has recently contacted me and says that his bank account that he had with his wife is frozen. He said that his lawyer that is handling this process needs my original birth certificate sent in the mail to P.R. But he’s not providing much detail at all. So far I know there’s no will but... Read more »

Ivan Raevski
Ivan Raevski answered on Mar 8, 2020

this sounds like a scam. don't send any original documents, there is no reason they would need this.

1 Answer | Asked in Probate for New Jersey on
Q: Hi, I need some help and would really appreciate it. My grandfather who I have had no contact with has just passed.

He passed in Puerto Rico and I live in New Jersey and his son has recently contacted me asking me to send him my original birth certificate but no other information. He hasn’t told me if there is a will or not. What should I do?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Mar 8, 2020

You should probably hire a lawyer in Puerto Rico where he died. As it appears that he live there as that's where the will would have been written most likely.

1 Answer | Asked in Probate for New Jersey on
Q: My sister & her husband are divorced. He named his sister as the beneficiary of his life ins policy. He has 4 minor

Children. They were not named on life insurance.

His sister is getting the entire payout. Is there a way to dispute this and have it put in a trust for the 4 children?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Feb 29, 2020

In general, unless a court order exists that me must maintain this insurance policy for the kids he can name anyone he wants on the insurance policy.

2 Answers | Asked in Probate for New Jersey on
Q: Estate lawyer died, he was the only member of his law firm. Now what?

The will was contested and a judgment was rendered to be executed as soon as possible, but to date there has been no finalization of the will. It's been well over a year, so how do we get the judge's decision fully executed and by who? The estate lawyer is dead. The executor of the will... Read more »

Derek John Soltis
Derek John Soltis answered on Feb 29, 2020

The simple answer is to hire another attorney to take over the matter

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1 Answer | Asked in Estate Planning and Probate for New Jersey on
Q: Dad died intestate, NJ, No assets, debts. Cousin,NY,wills $$.His 3 heirs named to collect.Can spouse claim it all?

NJ intestate laws support spouse keeping whole estate but will in NY specifies 1/3 of his portion to surviving spouse and 2 adult children as heirs of his estate. I live in NY and estranged mother in NJ. She wants me to authorize will administrators to send her entire amount so she doesn't... Read more »

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

You need to speak with a probate attorney. Depending on how much money there is in the estate there may be money you are entitled to under the will. How ever without knowing your father's debts, and total assets there is no knowing if you would be able to collect anything if your mother... Read more »

1 Answer | Asked in Estate Planning, Tax Law and Probate for New Jersey on
Q: Is there any thing as a lawyer that handles stock

husband did not live will but left a lot of shares of stock. Need help trying to liquidate it.

Leonard R. Boyer
Leonard R. Boyer answered on Feb 9, 2020

You need an attorney who is a Probate attorney. The right documents are obtained by an attorney and the stock is liquidated by a stock broker. That is all you require. A fair amount of work may be required depending on what you have already done with the Surrogate.

1 Answer | Asked in Real Estate Law and Probate for New Jersey on
Q: One (of 5 siblings) live in their parents house in NJ for past decade. Both parents die, who gets the house? No will.

A woman is one of five children. She lived with her elderly mother and stepfather for the last 10 years. Her stepfather dies. The house and all assets go to his wife. Then his wife dies. The woman who has lived in the house for the last ten years has paid bills, remodeled and paid taxes on her... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jan 15, 2020

When a person dies without a will, the property the decedent owned is distributed through a process called probate to the decedent's heirs according to the states laws of intestate succession. If the decedent had surviving children but no surviving spouse, which sounds like the case here, the... Read more »

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