New Jersey Estate Litigation Legal Questions

If a new outstanding bill of the estate is owed, then all of the beneficiaries are responsible for their proportionate share.  what would make more sense is to issue a new Release and Refunding bond for the previous distribution amount less the amount of the bill you need to pay. ... Read More

It depends on the nature of the debt and how the assets of the estate are held.  There is a priority to paying off the debts, so if you do not think there is enough in the estate to pay everything off, you have to have the estate declared insolvent and pay off the priority debts first, and then a portion to each remaining creditor.  The only assets that have to be used are those in the estate.  If you were the joint owner of an account, or things passed to you by right of survivorship, then those assets are not in the estate, and do not have to be used to pay off debts. ... Read More

You can object to the appointment of the person as administrator.  If you agree you can sign a consent and let one person serve.  If you do not agree and do not sign you can object, and there will be a hearing.  Contact the county in which the decedent lived and find out if anyone has been appointed as the administrator of the estate. ... Read More

The way that the profits from the sale were distributed is perfectly fine.  If one of the children objected, the child would have had to show that he or she contributed to the purchase or upkeep of the house.  As you said, the names were put on the deed to avoid probate, not because nay party had an interest in the property.... Read More

You have the right to be a party to the foreclosure action, receive notice, and participate in the proceedings.  If the foreclosure was started while the decedent was alive, and then the property owner died during the foreclosure, the foreclosure complaint has to be amended to include the estate.  You should notify the foreclosure attorney that the property owner is deceased, that you are the executor, and you want all of the pleadings.   ... Read More

There is no formal "reading of the will".  The will cannot be admitted to probate until the 11th day after the date of death - there is a mandatory ten day waiting period - so they will not have any authority to do anything until the 28th at the earliest.  If you paid rent, or helped with utilites or made any other contribution to the house, you might be able to claim a landlor/tenant type of relationship.  NJ law is very pro-tenant - so you might be able to buy yourself some time. ... Read More

you can file a demand for an accounting.  Call the surrogate's office and ask for assistance in filing this demand.  In some counties, the necessary forms are online and you can do this yourself.  there might have been some requirement in her appointment that she file an accounting, and you should ask the surrogate's court that too.  The funds that are going to the children will have to have an inventory and accounting filed also - so its possible that an accounting will be required, and it just hasn't been done yet.  I know a year seems like a long time to resolve something like this, but a wrongful death claim can take much longer. ... Read More

The answer depends on what the will says.  if the will states that all estate expenses, including taxes, are to be paid from the estate, then that inheritance tax must be paid from the assets of the estate.   If the will is silent as to who pays taxes, an argument could be made that the person that receives the bequest pays the taxes due on that bequest.... Read More

You can absolutely demand an accounting of the estate to see the expenses that were paid and the distributions made.  It is not good practice to pay some of the beneficiaries and not all of them, especially since those that were paid are family members of the executor.  You should make a "formal" demand for an accounting, do it in writing, and put a time limit on it like 20 days.  If the executor does not provide an accounting, or any response. you should contact the probate office in the county in which your mother's estate was admitted to probate, and ask about filing a claim against the estate.   Good luck.... Read More

I would call the Surrogate's Office in the County in which the Accountant's estate was admitted to probate, probably where the accountant's office was.  The clerks there wll be able to give you some direction.  You can get a copy of the will, see who was appointed, whether a bond or accounting was required, and possibly demand an accounting, which would answer many of your questions.   ... Read More

You most likely will have to join in the ongoing litigation with the estate, removing the executor, etc.  I don't think that you can put a lien on the property, but you should be noticed in the foreclosure, and be given the opportunity to participate in the litigation.  Also if the executor was required to obtain a surety bond, you can bring a claim against the surety company.  ... Read More

I will answer this the way i understand it the question. generallu, the joint account should have nothing to do with the contract. Unless, there was some weird agreement in the contract that it was to be paid from the joint account. WHen a person dies property held in their name only, become assets of their estate. jdebts and bills for services provided to them in their name only, are now debts of the estate. jointly held property, is not part of an estate. Don't call me, but talk to a local NJ attorney for more answers. ... Read More

If your mom put you as a beneficiary on a life insurance policy or pension then those things go directly to you without a will. However, if your mom did not leave a will, and only left a letter, no one has to follow that letter.  If your mom did not have a will then she died intestate and you might still Be entitled to a share of the estate.... Read More

The Executor of the estate does have the right to sell the property and then equally divide the proceeds among the three beneficiaries.   If you can negotiate a sale, you could buy out your siblings, but they do not have to accept less than they could have gotten if the property was sold on the open market.  If the mortgage and the sale you tried to negotiate was not finalized, then the property can be sold.  What you can do is challenge what the executor of the estate did by asking for an accounting and an appraisal of the property.  If the executor agreed to sell, and sold the property for less than what you were offering, or less than fair market value, then you would be able to challenge the sale.... Read More

No - there is o legal responsibility to make that payment from any of the other family members.  If the person who died owed money, and there are no assets in the estate, or not enough to pay all of the debts, then the estate is insolvent, and none of the other family members can be held responsible. ... Read More

It depends on the reason why you are petitioning the court.  If you want an accounting you might be able to ask for this on your own.  If you are challenging the will, or want to have the executor removed, you will most likely need an attorney to help you with this because there are certain legal standards that need to be met.  If you are in Monmouth or Ocean County call my office and I will discuss this matter with you.  ... Read More

No - usually a life estate is for a period of years defined by the person's life, and if they move out or fail to occupy the house for more than a year, the life estate oculd be deemed to be extinguished.  This is a general answer, and the document that created the life estate may be more specific. ... Read More

The issue of whether or not you would have needed to sign a renunciation begins with your relationship to the decedent.   Let me explain by way of an imaginary family.  Lets say your aunt was one of four sisters: two of her sisters had children, but the decedent and another sister did not have children. either your deceased aunt's parents, or if they had died, her sisters, could serve as administrators of the estate.  Next step, lets say that one of the decedent's sisters had died before (predeceased) her.  that sister's children, if any, would then also be eligible to serve, and will be recipients under the intestate estate.  So in your case, if your aunt's sisters are all surviving, then the other sisters are the only ones that have to sign renunciations.  for example, if your mom is still alive, and she was one of your deceased aunt's sisters, then your mom would have to renounce her right to serve as administrator, but you would not have to because you would only have a right to serve if your mom has already passed.  I don't know if this answers your question.  the other possibility is that the assets your aunt owned all pass by operation of law, meaning there were Payable on Death (POD) designations, joint ownership, etc.  Essentially you are correct, if there were people who had to renounce, and they did not, then your aunt is most likely not the legally appointed administrator of the estate.... Read More

There is a very specific statute that governs the distribution of an estate if someone dies with out a will.  the administrator of the estate doe not have any discretion with regard to the distribution.  The assets of the decedent would be distributed to the siblings of the decedent, and if any of those siblings predeceased the decedent, then it goes to the deceased siblings heirs.  However, the deceased siblings heirs get only the percentage that would have gone to the sibling.  You have the option of challenging the distribution of the estate in court, if you disagree with the distribution that is proposed. ... Read More