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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 - Page 4
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Wills and Probate
New Jersey

Recent Legal Answers

my mother in law broke her hip and now living with me I was taking care of her and now has horrible dementia Before the dementia she was loing to lb

Answered 10 years and 4 months ago by attorney Diana L. Anderson   |   1 Answer
There isn't enough information to answer this.  If your mother in law is going to live with you, you should consult with a lawyer to be sure to set up her finances properly to allow her to be eligible for Medicaid.  
There isn't enough information to answer this.  If your mother in law is going to live with you, you should consult with a lawyer to be sure to... Read More

I wish to renunciate my inheritence

Answered 10 years and 4 months ago by attorney Diana L. Anderson   |   1 Answer
You can use a notary as a witness.  Submit the form to the county probate office of the county in which the will was admitted to probate.  
You can use a notary as a witness.  Submit the form to the county probate office of the county in which the will was admitted to probate.  

what happens if a beneficiary dies before the estate is settled

Answered 10 years and 5 months ago by attorney Diana L. Anderson   |   1 Answer
If the beneficiary was alive at the time the decedent died, the beneficiary is still entitled to his or her portion of the estate, and the distribution is added to his or her estate and distributed according to that will.  In oterh words, the person who died still gets their share of the estate, and it goes to whoever they have specified.... Read More
If the beneficiary was alive at the time the decedent died, the beneficiary is still entitled to his or her portion of the estate, and the... Read More

I have been named in my Mother's will and the Attorney of Record and Executor have refused my request for a copy of her will. What is my recourse?

Answered 10 years and 5 months ago by attorney Diana L. Anderson   |   1 Answer
Call the county that your mother lived in at the time of her death.  Ask for the probate office and ask for a copy of her will yourself.  You can get the document yourself.  The executor must provide you with notice of probate and a copy of the will, but if they don't your recourse is to either try and get it yourself, or hire a lawyer to have the executor removed.  First just try to get the will yourself.  ... Read More
Call the county that your mother lived in at the time of her death.  Ask for the probate office and ask for a copy of her will yourself.... Read More

Can a 401k used to pay an estate's debts?

Answered 10 years and 5 months ago by attorney Diana L. Anderson   |   1 Answer
You can use the money form the 401(k) but you are not required to do that.  If the property went through foreclosure there would still be equity in the property.  If you are trying to keep the house, then use the 401(k) money to bring the mortgage current.  If not, try to sell the property for more than the amount of the mortgage.  Call my office if you require more assistance.  ... Read More
You can use the money form the 401(k) but you are not required to do that.  If the property went through foreclosure there would still be equity... Read More

inheritance

Answered 10 years and 5 months ago by attorney Diana L. Anderson   |   1 Answer
There are laws that will protect your children.  The laws of inteestate succession will determine how his assets are distributed, a certain amount to his wife, and a certain amount to your children.  In addition, they may be entitled to Social Security if they are American citizens.  You should contact the county inwhich your husband died and determine if someone has become the administrator of his estate. you can contact me directly if I can help.     ... Read More
There are laws that will protect your children.  The laws of inteestate succession will determine how his assets are distributed, a certain... Read More

in nj does your property automatically go to your child if over 21 . or does it go to the state

Answered 10 years and 6 months ago by attorney Diana L. Anderson   |   1 Answer
It will not "automatically" go to anyone.  You should have a will, and leave the property to your child in the will.  Without a will, it will be much more difficult
It will not "automatically" go to anyone.  You should have a will, and leave the property to your child in the will.  Without a will, it... Read More

length of probate

Answered 10 years and 7 months ago by attorney Diana L. Anderson   |   1 Answer
Probate is when the will is registered or proven, so that part of the process should only take a few days.  Its the estate admininstration that takes longer.  I usually estimate 9 months, because that's how long the executor has to file the Inheritance Tax Return.  Some estates can take longer if assets have to be liquidated. ... Read More
Probate is when the will is registered or proven, so that part of the process should only take a few days.  Its the estate admininstration that... Read More

My dad is 82 and we live in two different states. I am wanting to make sure he has the proper paperwork in place, just in case somethign happens .

Answered 10 years and 8 months ago by attorney Diana L. Anderson   |   1 Answer
Your dad needs to have a valid, self-proving last will and testament, a power of attorneyand a medical directive.  The self-proving will can be admitted to probate very easily.  The power of attorney should be a general durable POA.  If your dad lives in Monmouth or Ocean Counties, please tell him to call my office and I can review his existing documents, if any and advise what he needs.... Read More
Your dad needs to have a valid, self-proving last will and testament, a power of attorneyand a medical directive.  The self-proving will can be... Read More

If my Aunt dies without a will (intestate), what would a Lawyer charge to handle the estate.

Answered 10 years and 8 months ago by attorney Diana L. Anderson   |   1 Answer
The cost is going to depend on several factors.  You indicated she had a will, but that it was not notarized.  The will might be admissible to probate under a process called solemn probate, which would allow that will to be used, instead of the intestate procedure.  You should take the will to the county probate office in the county in which she lived at the time of her death, and ask if intestate is needed, or solemn probate.  Good Luck !... Read More
The cost is going to depend on several factors.  You indicated she had a will, but that it was not notarized.  The will might be admissible... Read More

Does a Will trump Beneficiary regarding Stock or IRA

Answered 10 years and 10 months ago by attorney Diana L. Anderson   |   1 Answer
The beneficiary designation is independent of the will and any account or asset that has a beneficiary named is not included in the probate estate, and is not governed by the Will. 
The beneficiary designation is independent of the will and any account or asset that has a beneficiary named is not included in the probate estate,... Read More

Can an estate bank account be levied?

Answered 10 years and 10 months ago by attorney Diana L. Anderson   |   1 Answer
The estate account can be levied, but first a potential creditor has to file a proof of claim with the county probate office.  So you can open an estate account, cash the check , and pay funeral expenses legitimately.  There is a statute that governs estates that are insolvent, where there is more debt than assets, and it allows for payment of funeral expenses first. ... Read More
The estate account can be levied, but first a potential creditor has to file a proof of claim with the county probate office.  So you can open... Read More

adding my sister and I to the Title of my Dad's 2 properties

Answered 10 years and 10 months ago by attorney Diana L. Anderson   |   1 Answer
If mom has been adjudicated incapacitation you will simply use the guardianship papers to transfer the properties.  You may have to make application to the court to do this.  If you are not mom's guardian, and she is incapacitated, you can use the Pwoer of Attorney.  If you do not have a Pwoer of Attorney, you may have to file to become mom's guardian.  You would do that in the county in which mom lives.  If you are in Ocean or Monmouth County, please call and I can assist you with this.  ... Read More
If mom has been adjudicated incapacitation you will simply use the guardianship papers to transfer the properties.  You may have to make... Read More

what do I do when my estranged aunt does not mention that I exist and does not contact me when I am in my grandma's will.I am heir in grandmas will.

Answered 11 years ago by attorney Diana L. Anderson   |   1 Answer
You will need to make a claim against the estate.  First ask for an accounting so that you can see what came into the estate, and what was paid out.  You will also need to make a deman for a distribution.  You will need to hire a lawyer for this.  Good luck. 
You will need to make a claim against the estate.  First ask for an accounting so that you can see what came into the estate, and what was paid... Read More

Will an heir receive a specific monetary bequest if there is no money yet only a house specifically left to different heirs?

Answered 11 years ago by attorney Diana L. Anderson   |   1 Answer
Its going to depend where in the will the specific bequest was given.  But most likely no - if the house is the only asset and it was given to someone else, you will most liklely not receive your bequest. 
Its going to depend where in the will the specific bequest was given.  But most likely no - if the house is the only asset and it was given to... Read More

can the lawyer hold his share for him?

Answered 11 years ago by attorney Diana L. Anderson   |   1 Answer
The attorney can hold the funds, but you should make sure that he is not renouncing or giving up his share. 
The attorney can hold the funds, but you should make sure that he is not renouncing or giving up his share. 

can i contest a will without a lawyer.

Answered 11 years and a month ago by attorney Diana L. Anderson   |   1 Answer
There is a possiblity that the fees for the lawyer that you hire to challenge the estate will be paid from the esate.  You would need to have some evidence that your grandfather had an intent for you to be a beneficiary of his estate, and some reason why he did not include youin te document or make a change to the document.   If you have that proof, a lawyer would take this case with the intent of being paid from the estate.... Read More
There is a possiblity that the fees for the lawyer that you hire to challenge the estate will be paid from the esate.  You would need to have... Read More

Does welfare have to be paid

Answered 11 years and a month ago by attorney Diana L. Anderson   |   1 Answer
I am assuming from your question that this is a distribution from an estate.  The person receiving the distribution is required to report that the distribution has been made to him or her.  Receiving the distribution may make the person ineligible for benefits that are income or resource based.  As an executor you only have an obligation to do a child support judgment search and to pay child support if there are any outstanding judgments.... Read More
I am assuming from your question that this is a distribution from an estate.  The person receiving the distribution is required to report that... Read More

My predeceased mom was beneficiary to my stepfather's 401K

Answered 11 years and a month ago by attorney Diana L. Anderson   |   1 Answer
If your mother predeaceased your step father, then the contingetn beneficiaries on the 401(k) will be entitled to the funds. 
If your mother predeaceased your step father, then the contingetn beneficiaries on the 401(k) will be entitled to the funds. 

we are trying to put my sons head stone, his GF wont sign thevpaper because we wont put the word husband on the stone what can we do

Answered 11 years and a month ago by attorney Diana L. Anderson   |   1 Answer
It depends on who the funeral home and/or the cemetery recognizes as "next of kin".  If his grandmother paid for the funeral, who bought the gravesite?  Who ever paid for the gravesight is the "owner" of that asset and then headstone company has to take direction from that person as to the placement of the stone. ... Read More
It depends on who the funeral home and/or the cemetery recognizes as "next of kin".  If his grandmother paid for the funeral, who bought the... Read More

No will, no gardenship No durable power of attorney incompentent nonresponsive what to do?

Answered 11 years and 2 months ago by attorney Diana L. Anderson   |   1 Answer
You or your mother would be able to become your father's guardian.  This is a fairly routine legal procedure for attorneys that practice in this field, but there are many steps involved that make it impractical if not impossible to do on your own.  If you are in monmouth or Ocean counties, call my office and I will be able to help you and/or your mother become the legal guardian and secure the estate.... Read More
You or your mother would be able to become your father's guardian.  This is a fairly routine legal procedure for attorneys that practice in this... Read More

How to name/find a professional fiduciary or executor to name in a Will?

Answered 11 years and 2 months ago by attorney Diana L. Anderson   |   1 Answer
It is possible to find a lawyer or a professional fiduciary.  However, the Rules of Professional Conduct require that a lawyer not serve as an executor unless he or she has a long time relationship with the client.  Give some thought to this.  To whom are you going to leave your assets?  Could that person/persons serve as Executor?  I will be happy to discuss this with you further if you would like to call my office on Monday.  I am in Ocean County, right by the Ocean County Library. ... Read More
It is possible to find a lawyer or a professional fiduciary.  However, the Rules of Professional Conduct require that a lawyer not serve as an... Read More

My wife passed away,her son is executor. She has a timeshare that was not left to anyone. Who gets it?

Answered 11 years and 2 months ago by attorney Diana L. Anderson   |   1 Answer
If the timeshare was not specifically left to anyone then it becomes part of her general estate and is distributed according to the will.
If the timeshare was not specifically left to anyone then it becomes part of her general estate and is distributed according to the will.

are the obligations of the executor to the beneficiary of deceased Father's will

Answered 11 years and 2 months ago by attorney Diana L. Anderson   |   1 Answer
the executor does not have to give the beneficary the death certificate but does have to provide a copy of the will and a notice that this will was admitted to probate.  If the executor is represented by an attorney, the attorney commonly sends out these notices.  If you are the beneficiary and you are looking for information, call the surrogate in the county in which the decedent lived, and ask if a will in that person's name has been probated, nad if it has you can get a copy of the probate file, which will include the attorney's name if any.... Read More
the executor does not have to give the beneficary the death certificate but does have to provide a copy of the will and a notice that this will was... Read More

Is a will valid if it was signed when the person had an appointed temporary guardian who did not know of the change?

Answered 11 years and 3 months ago by attorney Diana L. Anderson   |   1 Answer
If your mother was in the middle of  a guardianship, that means that two doctors found her to lack legal capacity.  any document she signed during that time would be void, or voidable.  the guardianship was dismissed because she died, but the court order about the deed is stil in full force and effect.  the will is subject to challenge if signed by her afte the guardianship was filed.... Read More
If your mother was in the middle of  a guardianship, that means that two doctors found her to lack legal capacity.  any document she signed... Read More
Wills and Probate
New Jersey

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