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New Jersey Probate Questions & Answers
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 isn't doing... 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 have to... 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 chooses her... 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 »

2 Answers | Asked in Probate for New Jersey on
Q: We live in NJ. My uncle passed away and me and my brother only relative he has left. His estate gets divided to us?

I know he has property that is all I know. Is this automatic by the state or?

Nina Whitehurst
Nina Whitehurst answered on Jan 8, 2020

It's not automatic. You need to hire a probate attorney near where your uncle died to probate your uncle's estate. Usually the legal fees and court costs and executor's fees are paid by the estate.

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1 Answer | Asked in Estate Planning and Probate for New Jersey on
Q: In NJ does a surviving spouse have any right to a house (owned prior to marriage) of deceased spouse who died intestate?

My father just passed away. He was married at the time of his death but not to my mother. My mother passed away 16 years ago and my father eventually remarried. My father had no will. He owned his house outright before he married his current wife. This is my childhood home that he and my birth... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jan 4, 2020

In New Jersey, if a person dies without a will (which is called dying "intestate") and leaves a surviving spouse plus children from a previous marriage, the surviving spouse inherits the first 25% of the decedent's intestate property -- as long as it is not less than $50,000 or more than $200,000... Read more »

1 Answer | Asked in Estate Planning and Probate for New Jersey on
Q: Hi there. My aunt just died intestate. No husband parents or children. Brother is bullying the estate!

My aunt just died interstate and my dad (with dementia)..is the last surviving sibling. There are 18 nieces and nephews. My brother is my dad‘s power of attorney and been depleting his funds for the last five years to live on and take himself out of pre-foreclosure. Now that my dad has an... Read more »

Derek John Soltis
Derek John Soltis answered on Nov 25, 2019

It sounds like you are on the right track as far as what needs to be done.

In short your brother does not automatically get to act as the administrator of the estate. He would have to be named the administrator by the Surrogate court.

You should sit down with an attorney to go...
Read more »

1 Answer | Asked in Probate for New Jersey on
Q: Wife's father passed his will states everything to wife. Executives family kept us out of loop. His wife is incompetent.

Executives were co executives daughter and grand. We hired a lawyer cause we were told there is no money left. All we asked for was to find out where the father's money went. Also poa was gotten illegally of the wife. Hired the layer we ask to get poa removed which was done illegally and he was... Read more »

Derek John Soltis
Derek John Soltis answered on Nov 21, 2019

I am sorry to hear about your situation. You need to bring all of the documents to an attorney that understands NJ laws regarding guardianship and probate. There are too many questions that need to be asked of you to answer in a public forum. The attorney will definitely need to go over all of... Read more »

2 Answers | Asked in Estate Planning and Probate for New Jersey on
Q: My father passed and there are 4 total children, do ALL children have to agree before the house can be sold?
Vincent Gallo
Vincent Gallo answered on Nov 3, 2019

Responding from a New York perspective, if all four parties cannot agree, if your father passed and had a will, the world should be probated and the executor would then have the power to sell. If he did not have a well, and administrator could be appointed, preferably one of the four children, and... Read more »

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1 Answer | Asked in Probate for New Jersey on
Q: My partner in a Rental home LLC died, we are 50/50, the son , the executor is not doing any work . what can i do ?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Oct 21, 2019

Hire a lawyer you may have to disolve the LLC and sell the property if this wasn't planned before.

1 Answer | Asked in Probate for New Jersey on
Q: How can I claim proceeds of a life insurance policy when a beneficiary is deceased?

My aunt had passed away in NJ in 2014 leaving a life insurance policy of $17,000 with 2 beneficiaries. The beneficiaries are her two siblings, one being my father who had passed away in 2015. My surviving aunt, also a beneficiary (executor of my deceased aunt's estate) has already claimed her... Read more »

Nina Whitehurst
Nina Whitehurst answered on Oct 4, 2019

If the small estate affidavit is done correctly, the check should end up being made payable to your father's heir(s). If you are his only heir, then it should be made payable to you. You should hire a local probate attorney to help you with you. It is a fairly simple matter and should not be... Read more »

1 Answer | Asked in Estate Planning and Probate for New Jersey on
Q: My dad just passed away in PR. He only lived there 16 months, I am one of 3 of his children. What steps are needed now?

My dad inherited property which is being lived in by a family member. My dad also received an inheritance when his mother passed away. Since he lived most of his life in NJ, must I go through probate process in both NJ and PR? He did not have a will and death was sudden and unexpected.

Nina Whitehurst
Nina Whitehurst answered on Oct 4, 2019

You need to hire a probate attorney in PR for certain, because the main probate occurs where the decedent resided when he died. You will also need to open an ancillary probate in every other state in which the decedent owned property, using local probate attorneys.

This is just one of many...
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1 Answer | Asked in Probate, Estate Planning, Landlord - Tenant and Real Estate Law for New Jersey on
Q: My step-father owns the house. My mom married him and her name is also on the deed to the house. She died first

and now my step-father passed away. On his will he has his son being the one to get the house. Am I entitled to my mom's half of the house

Nina Whitehurst
Nina Whitehurst answered on Sep 18, 2019

It depends on EXACTLY how the house was titled when your mother passed. It might have all gone to your step-father and then to his son pursuant to his will, but there are a myriad other possibilities. Show the deed and the two death certificates to a local real estate attorney or a local probate... Read more »

1 Answer | Asked in Estate Planning and Probate for New Jersey on
Q: In NJ. Father did not name estranged son in will but did not disinherit. Is son entitled to a potion of estate?

The will names 2 of the 3 natural children. A copy of the will was sent to estranged son.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Sep 11, 2019

Maybe an attorney would need to read the will to tell you what you're entitled to

1 Answer | Asked in Probate for New Jersey on
Q: Should my grandmas will go they probate? The day before my grandma passed Uncle got friend to notarize POA?

There was NO WAY my grandma was coherent to grant that. Then the day she died, I believe he went to the bank and cashed her 2cds from 1950 and emptied her checking and savings account out. The following day after he did that he told me I could have whatever I wanted out of the house. When I got... Read more »

Marcel Wurms
Marcel Wurms answered on Sep 9, 2019

If you're grandmother was incompetent when she signed the POA, then it wouldn't be valid. Proving that could be tough and expensive. However, the cost of the litigation, if you have a valid basis for bringing it, might be payable by your grandmother's estate.

Did your uncle probate the...
Read more »

1 Answer | Asked in Estate Planning, Contracts and Probate for New Jersey on
Q: A verbal contract, between 2 people , no will. Uncle and nephew, is it a binding contract. Witnesses observed
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Aug 26, 2019

It would violate the statute of frauds

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