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New Jersey Estate Planning Legal Questions

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76 legal questions have been posted about estate planning by real users in New Jersey. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include trusts and estates, powers of attorney, and charitable giving. All topics and other states can be accessed in the dropdowns below.
New Jersey Estate Planning Questions & Legal Answers
Do you have any New Jersey Estate Planning questions and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 76 previously answered New Jersey Estate Planning questions.
Estate Planning
New Jersey

Recent Legal Answers

How to remove a deceased spouse from deed in nj

Answered 2 years and 4 months ago by Mr. Howard A. Kurtz (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
Thank you for reaching out.  We can only practice within North Carolina and can not provide answers for out of state inquires.  Sincerely,  Kurtz & Blum
Thank you for reaching out.  We can only practice within North Carolina and can not provide answers for out of state... Read More

How does one change ownership of house from husband to wife only. Both names currently on deed.

Answered 3 years and 10 months ago by Mr. Richard Scott Diamond (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
This is an estate planning issue and healthcare issue since your concern has to do with the "look back" by the healthcare proviiders to see if they can come after the equity in your home for payment of his healthcare costs. To answer this type of question, you need to sit down with a lawyer experienced in these type of inquires. If you would like to schedule a consultation with one of the lawyers in our firm to discuss it, please feel free to call us or search on line for lawyers with estate planning and family law experience. ... Read More
This is an estate planning issue and healthcare issue since your concern has to do with the "look back" by the healthcare proviiders to see if they... Read More

My two brothers and I made a verbal agreement we will take care of our elderly mother, who is diagnosed with Dementia five years ago..

Answered 4 years and 9 months ago by Mr. Richard Scott Diamond (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
I dont know if your mother has any assets ( home, pension plan, etc) but if she does, then maybe you and your siblings agree in writing that you will get a larger share of the remaining assets of her estate upon her passing to compensate you for the expenses incurred in caring for your mother. Since your mother has dementia, who has the power of attorney over her care and over her finances? Again, maybe you and your siblings can agree that you will be paid from her assets for the time spent and to be spent caring for her. ... Read More
I dont know if your mother has any assets ( home, pension plan, etc) but if she does, then maybe you and your siblings agree in writing that you will... Read More

What should my course of action be as executor?

Answered 4 years and 9 months ago by Edward J. Dimon (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
We have a Certified Elder Law Attorney who heads our estate area of law. These issues are common. The proper answer requires an analysis of the 'facts and circumstances and alternatives'. There is no cost for a consultation. We get to hear the facts and you get to meet us. We will explain the 'legal procedures'  involved and the practical solutions. Please call asap and we can have the discussion. Ed Dimon, Esq. 732-797-1600 ext 235... Read More
We have a Certified Elder Law Attorney who heads our estate area of law. These issues are common. The proper answer requires an analysis of the... Read More

Do I need to include joint assets on surrogate papers.

Answered 4 years and 10 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
Yes, you need to list the joint assets showing his fractional interest.
Yes, you need to list the joint assets showing his fractional interest.

I am 1/3 beneficiary to deceased Mother’s home.It sold and the executor is demanding by social by tomorrow.Must I give that to him?

Answered 4 years and 11 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
What is your "social"? Do you mean your social security number?  That seems unnecessary.  The title company handling the sale should simply issue a check in your name.  It could ask for your bank routing and account number and send a wire transfer or electronic check instead.  But no one needs to have your social security number to make a distribution of your share of the estate or to report that that has been done.  At most, the executor needs you to sign a Receipt and Release once you have received the funds and anything else due you from the estate.... Read More
What is your "social"? Do you mean your social security number?  That seems unnecessary.  The title company handling the sale should simply... Read More

Do I have rights to mine and my boyfriend's vacation home in PA. Since he passed away, I have been with him for 14yrs and only I and him have been the

Answered 4 years and 11 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
You have no right unless you can prove that you had an informal marriage.  That can be very difficult.
You have no right unless you can prove that you had an informal marriage.  That can be very difficult.

question regarding my mom's will

Answered 5 years ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
If you are executor, you have a probate attorney who can explain what this means.
If you are executor, you have a probate attorney who can explain what this means.

How can I find the right Estate Lawyer?

Answered 5 years and 2 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
Only you can deterrmine who is the right lawyer for you.  Please talk with probate lawyers who practie in the local surrogate's court.
Only you can deterrmine who is the right lawyer for you.  Please talk with probate lawyers who practie in the local surrogate's court.

How can we administrate an estate when other heir’s will not renunciation their rite to administration.

Answered 5 years and 6 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
As your probate lawyer can advise you, any heir can apply to the court to administer an estate.  Renunciation of a "rigt to administration" by another heir is not necessary.
As your probate lawyer can advise you, any heir can apply to the court to administer an estate.  Renunciation of a "rigt to administration" by... Read More

Do I need to do anything at all after my widowed mother died last month?

Answered 5 years and 10 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
From your description, it appears that you need do nothing.  The creditor(s) can probate the estate if they see value in doing so.
From your description, it appears that you need do nothing.  The creditor(s) can probate the estate if they see value in doing so.

Is my mom entitled to everything that used to belong to my dad, including the money he asked me to keep in my bank account?

Answered 5 years and 11 months ago by attorney Diana L. Anderson   |   2 Answers   |  Legal Topics: Estate Planning
If the money in the account is in your name, then it is not part of the estate.  Ther eis something called an "account of convenience" where someone adds a name to an account to make it more convenient to write checks.  However, if the account is solely in your name, I don't see how your mother can make a claim to it.     ... Read More
If the money in the account is in your name, then it is not part of the estate.  Ther eis something called an "account of convenience" where... Read More

Can I be reimbursed by Estate as a beneficiary if I'm not the executor?

Answered 6 years and a month ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
Submit a claim to the executor, who can pay the claim out of the fee he is entitled to for his work as executor.
Submit a claim to the executor, who can pay the claim out of the fee he is entitled to for his work as executor.

I have a 5 year old quit claim deed, signed and notorized, but not yet recorded...Does Medicaid Look Back start on the date the deed was notarized...

Answered 6 years and 4 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
A deed has no legal effect until it is delivered.  Recording is the best evidence of recording.  If the recording date falls withing the 60 month Medicaid lookback period, the transfer might well be seen as a transfer for less than fair market value in an attempt to qualify for Medicaid. Please also note that in most states a quitclaim deed does not transfer title.  It is merely a public acknowledgement of an agreement to quit making whatever claim the maker may have to land, often to an easement over land.... Read More
A deed has no legal effect until it is delivered.  Recording is the best evidence of recording.  If the recording date falls withing the 60... Read More

can a beneficiary charge the estate storages fees years after death?

Answered 6 years and 6 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
Talk to a local probate attorney about denying the claim for storage fees and getting an Order to redeposit the funds.
Talk to a local probate attorney about denying the claim for storage fees and getting an Order to redeposit the funds.

Can the executor of an estate give someone power of attorney but still remain executor?

Answered 6 years and 8 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
Consult with the probate attorney representing the executor.
Consult with the probate attorney representing the executor.

If the house of a decedent is foreclosed upon by the bank, are the heirs responsible for any taxes or bills?

Answered 6 years and 8 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
You have not stated whether your father's estate has been presented for probate.  The appointment of an executor or administrator delays foreclosure for six months.  If the lender then forecloses, it takes the property with all debts associated with it.
You have not stated whether your father's estate has been presented for probate.  The appointment of an executor or administrator delays... Read More

What does closing month of accounting year mean . Trying to obtain a EIN number to establish Mom's estate account

Answered 7 years and 3 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
If your accounting year is the same as the calendar year, the closing month is December.   If it is not, the closing month is the 12th month of that year.   A bank officer helping you open an account for the estate should go online to www.irs.gov while you are sitting with her and get an EIN for the estate.  It literally takes two minutes.... Read More
If your accounting year is the same as the calendar year, the closing month is December.   If it is not, the closing month is the 12th month... Read More

What will br approximate cost to draw up simple will and POA?

Answered 8 years and 4 months ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Estate Planning
For a single person, a Will, Medical Directive and POwer of Attorney, would cost approximatley $400-$500.  If I can be of any assistance, please contact my office. 
For a single person, a Will, Medical Directive and POwer of Attorney, would cost approximatley $400-$500.  If I can be of any assistance, please... Read More

which lawyer should I consult to obtain a power of attorney

Answered 8 years and 7 months ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Estate Planning
You can get a Power of Attorney from just about any kin dof lawyer, but the issues is going to be whether or not that document is accepted in India.  You may need to have the Power of Attorney sealed by an Apostille, instead of a regular Notary.   See this link  http://www.state.nj.us/treasury/revenue/dcr/programs/apostilles.shtml... Read More
You can get a Power of Attorney from just about any kin dof lawyer, but the issues is going to be whether or not that document is accepted in India.... Read More

Hi, we live with my in laws and split all the bills but my father in law wants a will to leave my wife the house. What is the cost of this? Thank you

Answered 9 years and 2 months ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Estate Planning
A simple will can be very inexpensive.  If you live in Ocean or Monmouth County, please call my office and I can help.  The cost of a simple will could be as low as $400 - $500.  
A simple will can be very inexpensive.  If you live in Ocean or Monmouth County, please call my office and I can help.  The cost of a... Read More

Can my brother sell my deceased mothers car?

Answered 9 years and 11 months ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Estate Planning
It does not make him the sole heir of the vehicle.  He is entitled to be reimbursed for the payments that he made, but the remaining equity in the vehicle is an estate asset.  IF the car is sold, he should pay himself back what he paid, and then divide the remaining balance.
It does not make him the sole heir of the vehicle.  He is entitled to be reimbursed for the payments that he made, but the remaining equity in... Read More

When are gift/estate taxes paid on a property the was given using a life estate deed?

Answered 10 years ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Estate Planning
This is a complex question that cannot be answered here.  There are many issues at play.  You have estate tax on the entire estate, and possibly some kind of transfer tax.  The disposition of this property has to be done as part of an over all estate plan, not just piecemeal for one property.  ... Read More
This is a complex question that cannot be answered here.  There are many issues at play.  You have estate tax on the entire estate, and... Read More

living trust

Answered 10 years ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Estate Planning
Medicaid does not "take" your home.  You need to be able to pay for the care that you are receiving.  If you are in a skilled nursing facilty, and are not likely to leave there, then the home is sold and the proceeds are used to pay for your care as the care is being received.  No one "takes" the home.  If your assets run out, and you still need care, then Medicaid will be available to pay for the care.  You should not worry about protecting your assets as much as you  should worry about having enough assets to provide the care you need in the setting that you want. ... Read More
Medicaid does not "take" your home.  You need to be able to pay for the care that you are receiving.  If you are in a skilled nursing... Read More

Can an illegal immigrant inherit a portion of a nj pension?

Answered 10 years and 2 months ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Estate Planning
I have never heard of any case where a person's immigration status prevents them from being able to inherit something from an estate.  The problem the person is going to have is needing a Social Security number or other idetnifying information to be able to cliam the inheritance, and pay potential taxes on it.  you might be better served leaving a different asset to the person.... Read More
I have never heard of any case where a person's immigration status prevents them from being able to inherit something from an estate.  The... Read More
Estate Planning
New Jersey

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