New Jersey Probate Legal Questions

If the will required the executrix to provide an accounting, you can demand an accounting and ask the probate court in Hunterdon County to enforce that.  If the will did not require it, you can file a request with the Probate court making the demand for the accounting.  You should get a copy of the documents submitted to the probate court.  Call the clerk and ask for a copy of the probate file.  There might be something  in the records that indicates what assets were in the estate.  If not, you can file a complaint demanding an accounting of the estate. ... Read More

If your father left you as the beneficairy of his retirement account then your name must be on the account as beneficiary.  If you know what the investment company is, or where the funds are held, contact the company directly to determine if you are on the account.  If you are not named as the beneficiary, and no one else is named, the monies may go into your father's estate. ... Read More

In the State of New Jersey, application can be made for the estate to be responsible for all attorney's fees.   However, that is not automatically granted, and it seems like you might have more than enough reason to oppose the payment of fees.  I don't know that I would consent to paying those fees on the basis of the facts you've given in this question.... Read More

when you sit down with the Executrix, ask for an accounting of ALL estate assets, not just what passes through the will.  Is there a possibility that the stock account you mentioned has a beneficiary designation and will pass to you outside of the will?  Are there other assets, such as life insurance, or retirement accounts that name a beneficiary that you could be receiving?  If not, and you choose to challenge the will, keep in mind that the challenge has to be something that relates to your father's mental capacity at the time he signed the will. The allegation that it is inequitable is irrelevant as the State law does not require him to leave you anything in his estate.... Read More

Yes - that's exactly what happens.  Lets say there were three nieces and three nephews - each get one sixth of the estate.  If one nephew predeceased, his children share his one sixth.  the share doesn't lapse - but goes to the next generation.  It does may depend on who was a niece of nephew of his by blood - meaning a child of his siblings or by marriage. ... Read More

those notes are considered to be "suggestions" to the Executor and are not binding specific bequests.  In the law, we tend to look at documents as expressing the entire intent of the person, and if your mother intended the notes to be "binding" then those items would have been included in the will.  It does show her intent that certain items be distributed to certain people, and I usually advise clients to try to follow the decedent's intent as much as possible.  After all, these are your mother's wishes.  Good luck.... Read More

In NJ a child does not pay inheritance tax.  If she can prove that she is your child, she will pay no tax.  Make sure that your name is on her birth certificate, and if not, then you need to do something to acknowledge her, including perhaps getting a corrected birth certificate.   You should also write a wil, scknowledging her, and putting the bequest to her in writing. ... Read More

No.  your husband will be reponsible for usig his mother's money for his mother's care.  He must sign everything as POA for his mother.  You must be very careful in this.  He must sign her name then a comma then by her POA and then put his own name there.  Or, he can sign his name "as POA for" and then put his mother's name. ... Read More

If you are the executor, you need to probate the will.  When you do this you will receive letters called letters testamentary.  These are the evidence that you are the person with the authority to act on behalf of the estate.  Go to the bank, take the death certificate and one of the letters testamentary and have the automatic debits stopped.  Then called each place making the automatic debits, tell them the person died and ask where to send a copy of the letter. ... Read More

You need to have someone apply to the be the administrator of the estate.  If your uncle is her only surviving sibling, and both her parents are dead, then your uncle could be the administrator.  Or you could be or one of your cousins.  If you are going to be the administrator, then all other people in your generation have to give up their right to be the administrator.  Then you will be the person who can sell your aunt's condo and distribute the proceeds.  ... Read More

If the will has already been probated and an executor name, you will have to file a complaint in the chancery division stating the basis for your challenge to the will and the relief that you want.  For example, if you think the person who wrote the will wasn't capable of doing a will at the time it was written, or if you think someone forced the person to write the will a certain way, then you challenge the capacity of the person writing the will or claim undue influence.  If the will has not been probated, you can file a caveat to prevent probate at the county surrogate's office. ... Read More

The actual probate process - registering the will - only takes a few days.  When it is completed, the surrogate will provide you with certificates indicating you are the person in charge of the estate.  You should wait until you have those before you begin disposing of estate assets.... Read More

You should look at your father's will if he had one.  If he left assets to his wife in a life estate, or a trust, then she gets the use of the assets during her lifetime but then his will or the trust would distribute the assets to you.  If he did not, and just left everything outright to his wife, then she has the right to leave everything to who ever she wants, including an animal shelter.  ... Read More

You can demand that an appraisal be performed to determine the fair market value, and challenge the sale of the house.  The executor has a duty of loyalty to all of the beneficiaries, not just his son.  The son will be required to pay rent for the time he occupied the house. ... Read More

Call the surrogate's office in the county in which your mother lived and find out if her will has been admitted to probate.  If it has, then you can request a copy.  If it has not, then send a certified letter to the person that has your mother's original will and demand that the person admit the will to probate. ... Read More

I'm sorry but your mother has a right to leave everything to your sister.  She didn't have to have a reason, she could have left everything to who ever she wanted, but the fact that she had a reason (the assault) means that it is likely you would not win a case against the estate.  ... Read More

You cannot transfer the Power of Attorney.  If your grandmother is competent, you should have her do a new Power of Attorney to you.  If she is not competent, or capable of understanding, you may need to consider doing a guardianship.  If you are doing a POA for your grandmother, plan ahead, and have your grandfather do one also. ... Read More