New Jersey Probate Legal Questions

  its hard to answer based on what you wrote, but I am gong to guess that you didn't sign a contract with a law firm, but with an heir locating service.  There are companies out there that find unclaimed estates, or estates that have been filed and some heirs can't be found, and they do the research to locate the heirs.  Then they turn that information over to a lawyer to do the estate administration. ... Read More

Good for you!  Some lawyers have questionnaires that they can send you ahead of time.  I prefer to just talk to my clients, and also have found that most of them don't like filling out forms.  But here is some helpful information to bring with you: A list of your assets and estimated value (bank accounts, investment accounts, real estate, life insruance, retirement funds, etc.) A copy of deeds for any real estate (the specific language is helpful in determining how the property is owned) Copies or a list of your beneficiary designations for any life insurance policies, retirement accounts, etc. If you are doing powers of attorney, addresses and phone numbers for people you will name as agents Finally, it's a good idea to think about what you want and to have back-up plans for everything.  If you want everything to go to your spouse and children and they do not survive you, who would you like to get your assets?  If you want your sister to raise your minor children if you and your husband pass away, who do you want to do it if she cannot?  If you want your brother to serve as executor of your Will, who is your alternate?   My clients generally feel quite relieved and accomplished after finally making their Wills.  I hope it goes well for you.    ... Read More

You are mixing apples and oranges.  A Living Will is a document that directs end of life decisions.  A trust will distribute your assets after you die. I think you might mean a Living Trust.   I'm not a big advocate of living trusts in general, unless there is a specific reason, and your question doesn't raise one of the reasons.  You would probably be better off with a simple will.  PLease fell free to call my office if I can be of further help.  ... Read More

It depends on where the money is being held.  Sometimes the funds have to be held in the attorney trust account until you can prove that either the estate taxes were paid, or that there are no estate taxes.  If the attorney is holding the money, then write to the attorney and remind the attorney that you are also a beneficiary and when the funds gets disbursed, you desreve to get your share.  If your sister is holding the money, then I would be a little more concerned.  ... Read More

Your ability to sue the executor will depend on the terms of the settlement and whether or not you signed a release saying that the executor was released from all further liability.  you should start by looking at the documents you were required to sign as part of the settlement.  ... Read More

If you die without a will, you are said to be "intestate".  The  the assets of the intestate estate to be distributed to the next of kin as follows:   1. If you die leaving a spouse but no children, grandchildren or parents, the surviving spouse receives all. 2. If you die leaving a spouse and children who are also the children of the spouse, the spouse receives the first $50,000 plus one-half of the balance of the estate. The children receive the other one-half of the balance divided equally amongst them. If one of your children dies leaving children then your grandchildren take their deceased's parent's share. However, if all of your children have died before you then all of your grandchildren will share equally. 3. If you die leaving a spouse and children who are not also the children of that spouse, the spouse receives one-half, the children receive one-half divided equally and, if applicable, the grandchildren take their deceased parent's share unless all the children are deceased. Should that occur, all the grandchildren share equally. 4. If you die leaving children but no spouse, the children receive all divided equally among them. If there are grandchildren, they take their deceased parent's share, unless all the children are deceased. In that event, all the grandchildren share equally. 5. If you die leaving a spouse but no children or grandchildren, and if your mother or father is still living, your spouse receives the first $50,000 of your estate plus one-half of the balance and your parents (or parent, if only one survives you) receives the remainder. 6. If you die leaving no spouse, no children, no grandchildren, no grandchildren and one or both of you parents survive you, the surviving parent or parents take all divided equally. If no parent survives, then your surviving brothers and sisters receive all divided equally. 7. If you die leaving no surviving spouse, children, grandchildren, parents, brothers or sisters, then the estate will be divided equally among those people surviving you in the closest degree of kinship (starting with nieces and nephews) until an heir is found if possible. 8. If you die leaving no surviving next of kin without a Will, your estate assets escheat to the State of New Jersey.... Read More

You can apply to the Court to require the executor to provide an accounting of what happened to those funds.  If the executor refuses to do that, you can ask to have the executor removed.  You would do that through the court in the county in which your sister lived when she died. ... Read More

If the lawyer is the executor or administrator of the estate, he or she must send a copy of the will to each of the heirs.  If the Executor hired the lawyer to reprsent the executor or the estate, the lawyer still needs to follow the law and send the will to everyone.  The lawyer does not have to provide the beneficiaries with a written contract if the executor hired the lawyer.  The contract is between the executor and the lawyer.  You should probably find another lawyer if it has taken from March to June to probate the will.  ... Read More

Dear Anonymous, If your father was not survived by his spouse, he died without a will, and you are the only surviving biological or adopted child, then his entire estate would pass to you under New Jersey's instestacy statute.  Of course, the intestacy statute does not govern any assets for which your father created a beneficiary designation, such as a life insurance policy or a retirement account. To be sure I would need to review the old Will as the specific langauge in the Will could have an impact on my opinion. Please feel free to contact me at (732) 821-0400, if you would like to come in for a consultation or if you need assistence handling the estate.  My sincere condolences for your loss. Sincerely,   Edward P. Shamy, Jr.    ... Read More

You need to apply to become the adminisntrator of the estate.  This would require anyone else who has a right to serve as Administrator to renounce the right to serve - so if there are any other siblings for exmaples, or the decedent's children.  You will have to obtain a surety bond equal to the estimated value of the estate, adn you will have to file an Inheritance Tax Return.  ... Read More

You can force the sale of the property to be able to get our portion of the inheritence.  they can either pay you, or the house can be sold and the proceeds divided.  you will need to hire an attorney to do this for you because it iwll involve a complaint filed with the county ocurt of the county in which your father lived at the time of his deaht.  ... Read More

The problem with a copy of the will is that there is always the chance the person did another will.  If you have reason to believe he meant to destroy the first will or that he created another will, then you can challenge the will.  You can also challenge the will if the person writing the will did not have the mental capacity to write it or if the person was unduly influenced by one of the beneficiaries. ... Read More

You hsould send a letter indicating that if you do not receive the accounting, you will make a demand for an accounting, and seek attorney's fees.   Send that letter Certified Mail with a return receipt requested.  Give the Trustee a reasonable period of time to supply the accounting.  If the trustee does not respond, then yes, you can go to court, and yes the cost of getting the accounting will be paid by the trust.  as part of the petition, you can ask not only for the accounting, but to get the trustee removed as well.  ... Read More

You cannot try to get "more" from the estate than that which you were originally entitled to receive, bu t you can force the executor to make the distribution.  You would have to file and Order to Show cause in the County in which the will was admitted to probate.  contact the lawyer that sent you the papers and indicate if you do not receive the distribution in a timely manner you will hire an attorney to force the distribution.  Good Luck.... Read More