New Jersey Probate Legal Questions

yes - you are entitled to 50% of your father's estate by way of intestate succession.  If the house, bank account and truck were owned only by your father, and were not jointly owned by your father and sister, then those items become part of the estate and you get 50% of those things.  If your father owned these things jointly with your sister then she is entitled to them as the surviving owner. ... Read More

Unfortunately - your uncle's estate passed to his wife upon his death.  She is now free to do with it what she wants.  If she has not left a will, then the estate will go to the wife's family by way of intestate succession.  This will only include her relatives, not her relations by marriage.  If they owned investment properties, chances are they used a lawyer for the closing.  It might be worth some investigative work to determine if they ever made a will.  Even a photocopy or a draft at this point would give you some legal basis to challenge the disposition of her estate.  Good luck.  If you want to give me some more facts, I can possibly give you more ideas about where to look for a will.  ... Read More

I'm not sure I understand the need for answers in this question.  If you are a paralegal seeking answers for an attorney, you can research each of these issues very easily by looking at the New Jersey Statutes pertaining to probate matters, and adoption. Anyone can challenge the validity of a will for various reasons.  However, there must be a specific challenge, not just that you don't like that your parents did not leave you anything.  As for the adoption, the New Jersey adoption regulations require that the biological father receive notice, and if he was not noticed then the adoption could be challenged and/or biological father could apply for visitation and custody.  As for the 13 year old, the law requires that in order to be eligible for a marriage license, you have to be 18, and have to certify that you are not marrying your first cousin.   ... Read More

Yes - you should just list it with the information that you.  For example, you want to say " I have three children.  Their names are John Smith, Mary Smith, and Jane Smith.  I am specifically disinheriting my daughter Jane Smith because I have had no relationship with her."  The reason you list that there are three children, and that you  are specifically disinheriting one of them, is so that there is no assumption that the attorney that drafted your will forgot to name one of your children.  If you just said you leave your estate to your children John Smith and Mary Smith, there might be an assumption that you simply forgot to name Jane Smith, not that you were disinheriting her.   ... Read More

If they die intestate (without a will) there is a statute in New Jersey that dictates how their estate will be divided.  It will be a bit more difficult because they own property in France, and I have no idea what the law in France will require them to do.  In New Jersey, when the first of them passes, the surviving spouse can become the administrator of the estate.  This is the statute:  3B:5-3. Intestate share of decedent's surviving spouse The intestate share of the surviving spouse is: a. The entire intestate estate if: (1) No descendant or parent of the decedent survives the decedent;or (2) All of the decedent's surviving descendants are also descendants of the surviving spouse and there is no other descendant of the surviving spouse who survives the decedent; b. The first 25% of the intestate estate, but not less than $50,000.00 nor more than $200,000.00, plus three-fourths of any balance of the intestate estate, if no descendant of the decedent survives the decedent, but a parent of the decedent survives the decedent; c. The first 25% of the intestate estate, but not less than $50,000.00 nor more than $200,000.00, plus one-half of the balance of the intestate estate: (1) If all of the decedent's surviving descendants are also descendants of the surviving spouse and the surviving spouse has one or more surviving descendants who are not descendants of the decedent ; or (2) If one or more of the decedent's surviving descendants is not a descendant of the surviving spouse You will fall into category (c) because there are three adult children and I am presuming that you are all children of both parents, not children of previous marriages.  If would most likely be a  lot easier to administer the estate if they had a will.  They may also have certain tax advantages if they have a will that they will miss if they do not.    ... Read More

Depending on the family dynamics, it may not be possible to get a copy of the will or review the will before it is admitted to probate.  Probate means to simply "register" the will and once it is probated, it is a public document and you are entitled to a copy of it.  If you disagree with the will, or think that it was created because of undue influence, you can file a challenge in the court to dispute the will.  You can call the surrogate's office in the county in which the person died and ask whether a will for their estate has been admitted to probate. There is also something called a "caveat" which will prevent the probate of a will. If you file a caveat, then anyone trying to admit a will to probate will be prevented from completing the probate.  you should file a caveat if you think someone will try to file a fake will, or if the person had more than one will and you are not sure which one is valid.  If you file a caveat, and someone tries to probate the will, you will get notice of that, and they will not be able to probate unless and until you remove the caveat.   ... Read More

There are two trigger points: first - if the will has already been admitted to probate, you can no longer file a caveat objecting to probate; second if its more than nine months after the date of the death, and the estate taxes and/or inheritances taxes have been filed, it may also be too late. ... Read More

Its not that your brother would sue you for "stealing" but as the Power of Attorney you had a responsibility to act in your father's best interest.  Do you have something indicating your father told you to take $50,000?  If not, your brother could object and ask that the money you have already taken be credited to you in the distribution of the estate.   ... Read More

The New Jersey law on intestate estates is the following: 3B:5-3. Intestate share of decedent's surviving spouse The intestate share of the surviving spouse is: a.  The entire intestate estate if: (1) No descendant or parent of the decedent survives the decedent;or (2) All of the decedent's surviving descendants are also descendants of the surviving spouse and there is no other descendant of the surviving spouse who survives the decedent;  b.  The first 25% of the intestate estate, but not less than $50,000.00 nor more than $200,000.00, plus  three-fourths of any balance of the intestate estate, if no descendant of the decedent survives the decedent, but a parent of the decedent survives the decedent;  c.  The first 25% of the intestate estate, but not less than $50,000.00 nor more than $200,000.00, plus one-half of the balance of the intestate estate:  (1) If all of the decedent's surviving descendants are also descendants of the surviving spouse and the surviving spouse has one or more surviving descendants who are not descendants of the decedent ;  or  (2) If one or more of the decedent's surviving descendants is not a descendant of the surviving spouse. You seem to fall into category c(2) if I am reading the facts correctly because you are the decedent's (your father) surviving descendant (child), but you are not a descendent(child) of the surviving spouse (your father's wife).  You should definitely NOT wait until your step mother passes away because chances are there will be no asset by that point.  Your success at this is going to depend on how long ago your father died.  you should contact an attorney and you will need to be appointed as the administrator of your father's estate. ... Read More

Whether or not she can receive a portion of the pension depends on the administrator of the pension.  Is your mother still alive?  If she is, were she and your father divorced before death?  This could all impact on whether or not she can receive the pension.  No matter what, you should contact the pension board and advise them that they were not married, she may have represented herself as being married to him. ... Read More

You can't challenge the will until after he passes, but you can challenge the authority by which the daughter is selling everything now.  Why is she doing that?  Does he need money for his care?   Does she have a Power of Attorney that allows her to sell real estate?  Where will she keep the proceeds from the sale?  these are all questions that you have the right to know the answers to and can demand those answers from the daughter who is selling assets.  If she does have a Power of Attorney, you have the right to demand an accounting and should do that in writing, certified mail.  also get a copy of the POA and if there is no POA then find out how the daughter is liquidating things. ... Read More

Your sister may have unduly influenced your parents into changing the will.  You should request that your sister provide you with a record of everything she did as the POA.  You will also be entitled to a copy of their will, and if your sister has submitted the will to probate, you can get a copy of the will from the county surrogate's office.  You may have to challenge the will, and allege that the will was the product of undue influence, or that your parents lacked the capacity to execute a new will.  ... Read More

If the will was admitted to probate it becomes a public document.  You can contact the surrogate's office in the county in which your grandfather lived and ask if his estate was admitted to probate.  It may be possible that Peggy's children took over the estate?  Start with the Surrogate's Office, and if you need help, give me a call. ... Read More

There are a lot of issues in this question !  First, I'm not sure what you mean by a "joint will".  That is usually not permitted, and I would be surprised if that will was admitted to probate.  People always ask about a "reading of the will" - that only happens in Hollywood !!  The is no formal reading of the will.  After the will is probated, copies of the will are provided to the beneficiaries, but there is no meeting in an attorney's office for the will to be read.  If someone caused aunt to "dilute" assets was that by way of gifts to other people?  Then those gifts would be taxable, and there could be an action to bring that money back into the estate. The Executor can be required, pursuant to court order to provide an accounting.  If all of the heirs agree with the distribution then anyone else who might not be happy probably doesn't have standing to challenge the will.  Standing is the term used for someone who has the right to bring the challenge.  ... Read More

Your father's estate is entitled to your father's share of his mother's estate.  Did your father have a will?  If he did, then the will has to be admitted to probate, and the money from his mother's estate goes to the estate of your father, and then is distributed according to his will.  If he did not have a will, someone will have to apply to the surrogates court to serve as his administrator because he died "intestate" without a will.  Then the money from his estate, and his mother's estate, will be distributed according to the intestate laws.  NJSA  3B:5-3... Read More

I'm not sure what you mean by the statement that the "will is not good unless I signed it".  Usually the executor does not sign the will and if the will is witnessed and notarized then it should be self proving.  The surrogate's clerks are usually very helpful.  Go back to the clerk that told you about the will and ask what you need to do instead if you can't probate the will.  You made need to go to court by way of a complaint asking for "solemn" probate - meaning you are asking the court to probate a will that is a little irregular... Read More

A partial distribution of estate assets can be made from the assets that have been liquidated and placed into the account.  If necessary, taxes can be held back and reserved.  There are some other factors at play here such as if some of the beneficiaries live out of state they may have to pay tax when the property is sold.  However, a partial distribution can still be made immediately, before the sale of the house. ... Read More

Usually the law in New Jersey is that in a will your ex-spouse is treated as if they "predeceased" you.  that means that a will that names a spouse as a beneficiary skips the now ex-spouse and the distribution goes to the next in line.  In your case its not that simple because the will was not made while you were married and does not refer to you as his "spouse".  The Court will need to look at all of the circumstances involved, what were the terms and conditions of the divorce, what marital assets remain, how were those split, what does the estate consist of, etc.  There are different variables.  At the very least, you should file a caveat against the probate of that type written document as a will, because it does not meet the requirements of a holographic will.    ... Read More

This is an interesting question and one I deal with often.  There are a number of online sources to look for information.  You can try the Social Security Death Index, and may be able to request a copy of her death certificate.  You can also check the Registrar of Deeds in the county in which she lived and using her last name find out if any property in her name was sold within the last year.  You can also check the Tax Records in the town in which she lived to see if the property is still in her name and the value of the property.  Start with how you found out she passed away - where was that published?  Also - call the Surrogate's Office in the county in which she lived and see if her will was admitted to probate.  Good luck - and if you need any assistance, please call.   I do a lot of this type of "detective" work! ... Read More

This is a difficult question to answer because it involves aspects of New Jersey law and New York law.  the laws of each state are different.  In New Jersey, you can not transfer your appointment as Executor of an estate to someone else.  If you are named in the will as the Executor, then you can serve, and if you die before probate, the next person named can serve as substitute or successor Executor.  If there is no one else named, then one of the beneficiaries can apply to serve as the Executor, and would have to go to court to be appointed. ... Read More