New Jersey Probate Legal Questions

If the estate was probated in 2011 - you will be subject to a Statute of Limitations.  this is a law that limits the time in which you can bring an action.  If you had been aware of his death when it occurred you could have filed a claim against his estate.  However, six years later, it will probably be too late.  If the estate was probabted in New Jersey, the probate documents are public records that you can obtain yourself by calling the county surrogate's office of the county in which the will was probated.  Good luck.  ... Read More

First you should go to the probate clerk in the county in which the person died.  Find out if the will has been admitted to probate.  If it has, you will have to file a complaint to challenge lack of testamentary capacity.  If the will has not been admitted to probate, file a caveat with the probate clerk.  This will prevent the will from being admitted.  You will have to hire a lawyer to help you challenge the will and you will need medical evidence that she was not able to understand or read the will. ... Read More

You need to find an attorney in California.  The estate and probate laws are different in each state.  The law of the state where the decedent lives is what governs in this case.  You will have to probate the will, and administer the estate according to California law.  ... Read More

The problem is that no one is appointed as the representative of the estate.  If the account is a joint account, then the money is yours.  If not, you would have to apply to be the intestate administrator of your partner's account, and then pay inheritance tax on the money.  It may not be worth it because it will be costly. ... Read More

You don't need a lawyer to probate a will.  The people who work in the Probate office will be happy to help you.  Its very easy - easier than applying for a driver's license.  Take the original will, the original death certificate and a check for the filing fee to the probate clerk in Burlington County and wait for one of the clerks.  Good luck to you !... Read More

This is known as lack of testamentary capacity.  From what you have described in her medical records, there is more than enough to file a complaint and challenge the will.  It will require an expert to review the medical records, and give an opinion of whether or not someone with that level of dementia had capacity.  Capacity is not determined by a diagnosis of dementia, but whether or not the person knew what assets they had, and who their family members are.  ... Read More

You don't need a lawyer to go to probate.  Go to the probate office in the county in which your daughter lived.  Bring the will that you have, and an original death certificate, and ask for assistance.  A probate clerk will preparae the papers you need. You wll need to pay for the probate.  The cost will be around $200 - $250.  Good luck, and my condolences on the loss of your daughter. ... Read More

If the person has passed away, and a different will was registered with the Surogate's office, find out what that will says.  You can obtain a copy of the will once it is admitted to probate.  If the person is stll alive, ask them directly what happened to the will or share your concerns with them.  A will is not "final" until a person dies because anyone can change their mind up to the point of deaht. ... Read More

Unfortunately, this happens quite frequently.  The house goes to the beneficiaries that are supposed to get the house, and the person who is supposed to get the money does not get anything, or gets whatever is left besides the house.  The house is called a "specific bequest" and must go to the beneficiaries designated in the will. ... Read More

It depends on what the Will says.  The WIll directs that either taxes are paid first, of that each beneficiary is responsible fo rhis or her own taxes.  Inheritance tax is based on the relatiosnhip between the decedent and the beneficiary.  If your brother is not a Class A beneficiary - then taxes will be owed.  ... Read More

You have to start with the documents.  Get a coy of your father's will.  If he named your step mother as the executor, then she had control after his death.  See if the will stated that the property went to you after her death.  If they owned the property jointly during his life, he may have intended it to go to you, but the law might have have given the property to the surviving owner.  Go on the county recorder of deeds website and look up the property.  Find out the ownership of the property at the time of your dad's death, after his death, and now.  ... Read More

You should actually NOT be there.  I never allow the adult children to be present when a parent is making a new Will.  That's for your protection as well as mom's.  It prevents a sibling claiming that you told mom what to say, or that mom only chose you as executor because you were sitting there.  ... Read More

You need to determine if a SPecial Needs Trust would be appropriate for your child.  This is a specail type of trust that allows a beneficiary to receive a distribution and still remain on benefits.  There are restrictions on the trust, so it is importnant to discuss the trust as part of an over all estate plan.   ... Read More

You can file an action in the county court of the county in which the will was probated.  If the will was probated years ago, and the estate was still not finished and the assets not distributed, then you can demand that the distribution be done, or request that the Executrix be removed.  ... Read More

I do not believe this will be a problem at all.  I deal with many estates where the Executrix lives in another state, or even another country.  Things can be done by mail or email, over the phone, or with a few trips to New Jersey.  Its helpful if the Executrix has a lawyer to assist her coordinating paperwork, but its not difficult. ... Read More

The ability to provide a limited scope of representation depends on the type of situation involved.  For exmaple, I can agree to prepare a will for you and do nothing else.  I can give you a price for that service, and when its complete, our business relationship ends.  I cannot provide a lmited scope and agree to just draft a complaint and file it for you probate court.  Once I have done that, there are restrictions on my ability to get out of the case and there is liabilitty if I don't do everything I need to do to adequately represent you.  ... Read More

You have to do a bit of investigating yourself.  Firt call the county probate office of the county in which your dad lived at the time of his death.  Ask them if anything to do with your dad's estate has been registered.  If it has been, you can get a copy of whatever it is directly from them.  Its not just the Will you have to worry about, its other assets where you may be named as a beneficiary.  For example, if ou are named as a beneficiary of life insurance, you don't need the will to claim that benefit.  The Will only controls assets that were only in your dad's name.  Your step-mom cannot transfer or sell anything your dad owned in his own name alone unless she probates the will and get a certificate back thta proves she has done that.  Good Luck.   ... Read More

If your brother has already filed to probate the will, you can get a copy directly from the probate officein the county in which your mother lived.  If he has not, you can force the issue by perhaps filing as if there is no will, since he won't produce the will.  If you know the name of the attorney that wrote the will, call the attorney and see if you can get a copy.  If your mother lived in Ocean or Monmouth County, call me if I can help. ... Read More