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New Jersey Probate Questions & Answers
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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1 Answer | Asked in Divorce, Tax Law, Estate Planning and Probate for New Jersey on
Q: My ex wife has recently passed away. Am I or my daughter responsible for any or all of her bills?

My ex-wife passed away last week. She was rushed to the hospital and had no medical insurance. Our daughter is a full time college student, and has just turned 21. Is my daughter responsible for her mother's medical bills? Or any other bills? Such as back taxes her mother owed?

Am I... Read more »

Tim Akpinar
Tim Akpinar answered on Dec 30, 2020

I'm very sorry for your family's loss. If you wanted to try reposting and adding Probate and Estate Planning as categories, you could have better chances of a response. There's no guarantee all posts are picked up, but it sounds like something where an attorney could give more... Read more »

1 Answer | Asked in Estate Planning and Probate for New Jersey on
Q: Husband died intestate in NJ. I am administrator. there are 3 children....no property only cash. what is the law

there is only 60,000 left after bills but I am confused on the law when it says ...spouse gets 25% but not less that 50,000 or more than 200,000....Do I keep the 60,000 with out sharing or ??? Im confused

Derek John Soltis
Derek John Soltis answered on Dec 4, 2020

I am sorry for your loss. The division of property depends on whether these are also your children or un-adopted stepchildren. If they are your and your husband's kids, you keep everything.

If you have step-children, you probably should talk to an attorney because the division of...
Read more »

1 Answer | Asked in Probate and Estate Planning for New Jersey on
Q: My father had no spouse but children

My father died intestate but he had no spouse but had 3 children from his ex spouse my mother

Richard Diamond
Richard Diamond answered on Oct 29, 2020

This question is best answered by a lawyer who specializes in estate work - my suggestion is that you look for a lawyer who specializes in estates and trusts and schedule a consultation with him / her. I dont know how much money your dad had at the time of his passing or whether he owned any real... Read more »

2 Answers | Asked in Contracts, Criminal Law, Elder Law, Estate Planning and Probate for New Jersey on
Q: Lawyer drafted a trust, will and POA document. Less than two years later POA/Trustee is being taken to court by benefici

Beneficiary has evidence to prove the POA/Trustee is breaching his fiduciary duties. Beneficiary hires a lawyer. His lawyer petitions the court for a discovery which is denied. Judge orders a deposition of the POA/Trustee. My lawyer failed to reveal a significant amount of info to persuade the... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Oct 19, 2020

You didn't ask a specific question, I suggest that you seek an in office consultation to get a second opinion if you don't like what your lawyer is telling you or what he is asking you to do. That being said expect a lawyer to charge you for his time and advise.

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2 Answers | Asked in Probate for New Jersey on
Q: What are my rights as an heir to my mothers will

Is there a probate hearing in Cape May County NJ and how does that work. What if I wish to contest the executor named in the will. My brother is one of the executors and I dont know if I can trust him. What is the requirement of the executor to share all financial records of my deceased mother.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Oct 3, 2020

Speak with a lawyer a probate hearing is generally only if the case is contested. The will generally is just filed with the court and the executor appointed as per the will. The fact that you don't trust him won't sway the court much as the person that needed to trust the executor was... Read more »

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1 Answer | Asked in Probate and Juvenile Law for New Jersey on
Q: If I’m 17 and on probation can I live with someone that isn’t a relative ?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Sep 19, 2020

The decision will be up to your probation officer but generally you will need to live with your guardian who is generally your parents.

1 Answer | Asked in Probate for New Jersey on
Q: My son-in-law’s mother left her house to him and will was probated. He died before transfer of house. Is house his wifes

My son-in-law did not leave a will.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Sep 11, 2020

Maybe, much more information would need to be known to properly answer this question, but the law would probably give her at least 25% See NJSA 3B:5-3(c)(1)-(2 )

2 Answers | Asked in Estate Planning, Family Law and Probate for New Jersey on
Q: I live in nj my bff is in the hospital in a minimal conscious state unable to make decisions

Is my minor child or my bf mother next of kin

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Sep 7, 2020

More information would be needed to properly answer your question as you did not say whether your minor child is also his child.

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1 Answer | Asked in Family Law, Civil Rights, Elder Law and Probate for New Jersey on
Q: Do lawyers have access to court audios?

Are attorneys able to get an audio of a court hearing that they're involved in fairly quickly?

Andrew M Shaw
Andrew M Shaw answered on Aug 31, 2020

Yes, absolutely. For a $10 fee, it is quite simple to obtain audio of a Court proceeding. The audio file is usually provided by the Court within a couple days.

1 Answer | Asked in Criminal Law and Probate for New Jersey on
Q: Life Insurance Policy Missing

Deceased woman left a life insurance policy in her husband and son's name. The son was serving as her executor. Father told son her wishes were for him to divide it between her four children. He told dad he put it in his name because he didn't want to be taxed on it. His father said, in... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Aug 19, 2020

You never stated who you where so you may not have any case at all but the father may.

1 Answer | Asked in Estate Planning and Probate for New Jersey on
Q: Life Insurance policy made out to my brother and father

My mother died and left a life insurance policy with my brother and father's names on it. My father stated, she did this with the intentions of my brother dividing it amongst the 4 children. He claims he didn't want to be taxed on it so he put it in dad's name. He is my dad's... Read more »

Richard Diamond
Richard Diamond answered on Aug 17, 2020

This is not a family law question but a question better directed to an estate litigation lawyer. It may be worth your time and money to sit down with a specialist to find out if you have recourse against your brother.

1 Answer | Asked in Estate Planning and Probate for New Jersey on
Q: Does a will need to filed with County surrogate (NJ) if only one small bequest and all assets pass to husband?

My mother in law passed with a will in NJ. One asset in her name, an IRA that transferred to her husband. One small bequest to a non family member ($2,500). All other assets jointly titled all passed to her husband (checking/savings, house)

Can the bequest be paid from checking account... Read more »

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

The IRA probably had a named beneficiary so the will wouldn't matter unless the estate is huge.

And you are correct that the joint items passed to the Hubby as jointly titled. So, if he wants to write a check for $2500 it is up to him. However, he may be entitled to anything not...
Read more »

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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