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New Jersey Probate Legal Questions

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250 legal questions have been posted about wills and probate 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 living wills, and contested wills. All topics and other states can be accessed in the dropdowns below.
New Jersey Probate Questions & Legal Answers
Do you have any New Jersey Probate questions and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 250 previously answered New Jersey Probate questions.
Wills and Probate
New Jersey

Recent Legal Answers

How to find out if a will was left?

Answered 2 years and 10 months ago by Melanie L Ryan (Unclaimed Profile)   |   1 Answer
Which county?  Most surrogate courts will allow you to search public records in person; other require appointments.  You can also mail in a request and I believe the charge is $10 for the search and $3 per page for copies.  Give me a call if you need some help. Melanie Ryan Nutley, NJ  917-346-6547  ... Read More
Which county?  Most surrogate courts will allow you to search public records in person; other require appointments.  You can also mail in a... Read More

My dad is 77 years old and has money in a savings account. What is the best thing to do so if he passes the state cannot get to this money?

Answered 2 years and 10 months ago by Melanie L Ryan (Unclaimed Profile)   |   1 Answer
If all of the beneficiaries are Class A (spouse, children, etc) there won't be inheritance tax.   He should get a simple will drawn up even if he doesn't have a ton of assets.  If someone passes intestate, meaning without a will, its a bit more complicated and expensive to settle the estate.  Another possibility is to add you to the bank account, either as a joint account holder or a TOD "transfer on death."     Melanie Ryan,Esq, Nutley, NJ 917-346-6547... Read More
If all of the beneficiaries are Class A (spouse, children, etc) there won't be inheritance tax.   He should get a simple will drawn up even... Read More

Want to remove EX wife as Executrix from will so I can name son as Exrcutor

Answered 4 years and 6 months ago by attorney Bruce Robins   |   1 Answer
You need to execute a codicil to your will changing it to name your son as executor.  It must be executed with the same fomality as the original will  If you go to the same attorney who prepared your prior will, your will may still be in his/her database and easy to change, so may as well do a whole new will rather than a codicil.... Read More
You need to execute a codicil to your will changing it to name your son as executor.  It must be executed with the same fomality as the original... Read More

My father died with a will. What do I need to do to sell his house?

Answered 4 years and 10 months ago by attorney Terry Lynn Garrett   |   1 Answer
Although you may have been named in your father's Will, you are not executor until a court a admits the Will to probate (proving that it is the Will of the person who died) and issues you Letters Testamentary (giving you authority over your father's property.)
Although you may have been named in your father's Will, you are not executor until a court a admits the Will to probate (proving that it is the Will... Read More

Can I sue my brother for the inheritance he stole.

Answered 4 years and 10 months ago by attorney Terry Lynn Garrett   |   1 Answer
Unless you can persuade the court (and a lawyer who would represent you) that you did not know and could not have known about this earlier, you are too late.  Since you were long ago entitled to demand an accounting and request that an executor who did not make distributions be replaced, this would be very difficult.  There is also the cost of litigation to consider.... Read More
Unless you can persuade the court (and a lawyer who would represent you) that you did not know and could not have known about this earlier, you are... Read More

do all wills need to be filed by the lawyer who has the original will after death?

Answered 4 years and 10 months ago by attorney Terry Lynn Garrett   |   1 Answer
You may hire any probate lawyer you like.
You may hire any probate lawyer you like.

Probate will and Refunding Bond and Release form

Answered 5 years ago by attorney Terry Lynn Garrett   |   1 Answer
It is the executor's responsibility to see that all liabilities have been paid before making disbursements to beneficiairies.  If later the executor finds that they have not, she can claw back the $4500 but no more.
It is the executor's responsibility to see that all liabilities have been paid before making disbursements to beneficiairies.  If later the... Read More

My son died without a will, and he doesn't have any assets. What do I need to do?

Answered 5 years and 2 months ago by attorney Terry Lynn Garrett   |   1 Answer
Most attorney would not probate the estate. Most states allow the heirs to transfer title to a car by filing a form with the DMV.  
Most attorney would not probate the estate. Most states allow the heirs to transfer title to a car by filing a form with the DMV.  

How do you probate property, etc. for a brother who had no will

Answered 5 years and 3 months ago by attorney Terry Lynn Garrett   |   1 Answer
Contact a probate attorney who practices in the county in which your brother died.  When someone dies without a Will, an heirship proceeding determines who inherits.  Unadopted stepchildren do not.
Contact a probate attorney who practices in the county in which your brother died.  When someone dies without a Will, an heirship proceeding... Read More

clarification on laws of intestacy

Answered 5 years and 3 months ago by attorney Terry Lynn Garrett   |   1 Answer
These vary by state.  It is hard to give a general outline on this listserv.  Perhaps a specific question would elicit the response you seek.
These vary by state.  It is hard to give a general outline on this listserv.  Perhaps a specific question would elicit the response you... Read More

The now estate was my legal address for years and while I was taking care of mom my home . Can the executor just change the locks on me I am a benific

Answered 5 years and 4 months ago by attorney Terry Lynn Garrett   |   1 Answer
It is the duty of the executor to gather the property, pay the debts and distribute what remains according to the Will.  This includes evicting whoever lives on the property so that it can be sold.  You might want to ask the executor to accompany you to the property to remove your personal belongings.... Read More
It is the duty of the executor to gather the property, pay the debts and distribute what remains according to the Will.  This includes evicting... Read More

How to cash a check made to an estate? State NJ

Answered 5 years and 6 months ago by attorney Terry Lynn Garrett   |   1 Answer
Even settling an estate by filing an Affidavit of Small Estate may run you $700 or more.  The alternative is to let the check go to unclaimed property with the state comptroller and in four or six years (varying by state) prove that you are the sole heir and so are entitled to the money.... Read More
Even settling an estate by filing an Affidavit of Small Estate may run you $700 or more.  The alternative is to let the check go to unclaimed... Read More

Searching for N.J. motion to subpoena bank records and executors social security number to view bank archives since I found fraud in accounting

Answered 5 years and 7 months ago by attorney Terry Lynn Garrett   |   1 Answer
It appears that you would do well to hire a local probate attorney who specializes in fiduciary litigation.  If this involves elder fraud, you might contact Adult Protective Services.
It appears that you would do well to hire a local probate attorney who specializes in fiduciary litigation.  If this involves elder fraud, you... Read More

I am married and my husband and I are looking to purchase a house. If he passes can my step child take half of our assets if we have a will?

Answered 5 years and 9 months ago by attorney Terry Lynn Garrett   |   1 Answer
You can leave whatever you want to whomever you want in a Will.  If your husband's Will leaves everything to you and he dies first, your Will governs.  If you die first, your property goes to the people you name.  It then becomes their property and goes to whomever you name.  Heirship and intestacy rules only apply if there is no Will.... Read More
You can leave whatever you want to whomever you want in a Will.  If your husband's Will leaves everything to you and he dies first, your Will... Read More

My Father recently passed. My estranged sister is executor of the will. As the son, am I entitled, in NJ, to see a copy of the will prior to probate?

Answered 5 years and 11 months ago by attorney Terry Lynn Garrett   |   1 Answer
You are not entitled to a copy of a Will simply because you are related to the deceased.  But when a Will is submitted for probate, it becomes a matter of public record.  You can check with the local surrogate's court.  You write that your father recently passed.  Please note that a death certificate must be obtained before the Will can be probated, perhaps accounting for any delay.... Read More
You are not entitled to a copy of a Will simply because you are related to the deceased.  But when a Will is submitted for probate, it becomes a... Read More

I did my own will in Florida when my husband passed. It is notarized and signed by three witnesses but no stamp. Is it legal in Jersey

Answered 6 years and 2 months ago by attorney Terry Lynn Garrett   |   1 Answer
Self-prepared Wills tend to have many "hidden" problems.  If you do not have money for an attorney (which may be less than you think), contact Volunteer Legal Services in your area.  If you have too much money to qualify for that, contact the local Lawyer Referral Services and ask whether they have a Modest Means program.  Note that without the notary's stamp, the document is not notarized.  This is just one example of the difficulties in drafting and execution which could make the Will invalid.... Read More
Self-prepared Wills tend to have many "hidden" problems.  If you do not have money for an attorney (which may be less than you think), contact... Read More

What do I need to do to get fair distribution of monies?

Answered 6 years and 2 months ago by attorney Terry Lynn Garrett   |   1 Answer
Hire a local probate attorney to file an application to the court for a determination of heirship.  The money in the bank account will be divided -- after reimbursing Medicaid for your mother's care.  Your sister and her husband, who were designated beneficiaries of the life insurance policy, will keep it.... Read More
Hire a local probate attorney to file an application to the court for a determination of heirship.  The money in the bank account will be... Read More

Can a father appoint his aunt the guardian of his daughter?

Answered 6 years and 2 months ago by attorney Terry Lynn Garrett   |   1 Answer
Many states have a form of Temporary Power of Attorney which gives someone authority to register a child in school, take her to the doctor, etc.  This must be signed by both parents before a notary.  It is revocable at will.  Ask a local family attorney whether this is available in your state.... Read More
Many states have a form of Temporary Power of Attorney which gives someone authority to register a child in school, take her to the doctor,... Read More

Do I need a lawyer to represent me with my father's will?

Answered 6 years and 9 months ago by attorney Terry Lynn Garrett   |   1 Answer
Yes, you must be represented by a lawyer in presenting the Will for probate.
Yes, you must be represented by a lawyer in presenting the Will for probate.

how long after my father's death does it usually take for myself as benficiary to recieve any of his assests?

Answered 6 years and 9 months ago by attorney Terry Lynn Garrett   |   1 Answer
While your question does not state this, presumably his Will has been submitted for probate.  While cases vary substantially, the average time to settle an estate across the U.S. is two years.
While your question does not state this, presumably his Will has been submitted for probate.  While cases vary substantially, the average time... Read More

I lived with my boyfriend for 5 years. He owned the house.

Answered 6 years and 10 months ago by attorney Terry Lynn Garrett   |   1 Answer
Unless you can prove a common law marriage, at most you may have a claim against the estate for money you spent for your boyfriend's final illness and funeral and maybe, if it is not found to be rent or a gift, property taxes or paying down the mortgage.
Unless you can prove a common law marriage, at most you may have a claim against the estate for money you spent for your boyfriend's final illness... Read More

Being harassed, and rushed into selling my mother's home, which we shared for 48 years.

Answered 6 years and 10 months ago by attorney Terry Lynn Garrett   |   1 Answer
Unless your mother left you and you alone the home in her Will, the person whom the court appoints as executor or administrator of the estate has a duty to collect her assets (including the home), sell them, pay her debts and distribute the rest to her beneficiaires according to the Will or her heirs according to the state's laws of intestacy.... Read More
Unless your mother left you and you alone the home in her Will, the person whom the court appoints as executor or administrator of the estate has a... Read More

With two wills can the wife of the deceased decide which will to probate?

Answered 7 years and 2 months ago by attorney Terry Lynn Garrett   |   1 Answer
The newer Will governs.  Do you have a copy?  In some states a copy can be probated if the witnesses or two witnesses to the decedent's handwriting testify in court.
The newer Will governs.  Do you have a copy?  In some states a copy can be probated if the witnesses or two witnesses to the decedent's... Read More

I have made a will using Willmaker software. I need 2 witnesses to witness my signature. Do I need a notary besides?

Answered 7 years and 2 months ago by attorney Terry Lynn Garrett   |   1 Answer
That is very, very likely.  Consult a New Jersey probate lawyer -- and don't expect an internet Will to really do what you want. 
That is very, very likely.  Consult a New Jersey probate lawyer -- and don't expect an internet Will to really do what you want. 

How long do you have after the person dies .Do you have to get a succession done.

Answered 8 years and 4 months ago by attorney Diana L. Anderson   |   1 Answer
Typically - you want to see the estate be resolved in about 9 months to one year.  Different issues may arise that cause the estate administration to take longer than that, but that is the typical guide.  
Typically - you want to see the estate be resolved in about 9 months to one year.  Different issues may arise that cause the estate... Read More
Wills and Probate
New Jersey

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