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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 7
Do you have any New Jersey Probate questions page 7 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 250 previously answered New Jersey Probate questions.
Wills and Probate
New Jersey

Recent Legal Answers

Can children lay claim to any share of a house belongin to their father and stepmother.

Answered 12 years and 2 months ago by attorney Diana L. Anderson   |   1 Answer
the answer to this is going to depend on several things.  first, how were both names on the deed?  If both names were on the deed and joint tenants with right of survivorship - then the surviving person gets the whole property. Second - did the husband have a will?  What does the will state? If the husband did not have a will, who is the administrator of the estate?  what other assets are in the estate?  All of these facts need to be discovered before an answer about the division of estate assets can be determined.... Read More
the answer to this is going to depend on several things.  first, how were both names on the deed?  If both names were on the deed and joint... Read More

does executor have right to change locks on paid for home while adult children are living there

Answered 12 years and 2 months ago by attorney Diana L. Anderson   |   1 Answer
You need to file an action in the county in which the will was admitted to probate.  Are her two adult children the beneficiaries of the estate?  Was any special provision made for them because of their disability?  Usually I don't like to answer these questions with the suggestion that someone get a lawyer, but your two nephews are going to need someone to advocate for them.  The house should probably be put into some type of Special Needs Trust to protect it.  this will be complicated and you should seek the advice of an attorney.... Read More
You need to file an action in the county in which the will was admitted to probate.  Are her two adult children the beneficiaries of the... Read More

what legal options do I have

Answered 12 years and 2 months ago by attorney Diana L. Anderson   |   1 Answer
If the will has been admitted to probate, you can go to the County  probate office and get a copy of the will.  If it has not been admitted, the attorney should probate the will.  If you are both co-executors then you are entitled to all of the information that she has.  From what you have said, you might not be a co-executor and you should clarify what your role is.  It sounds like the other co-executor is not being honest with you.    ... Read More
If the will has been admitted to probate, you can go to the County  probate office and get a copy of the will.  If it has not been... Read More

For the probate of a will, who is considered "Immediate family" on the paperwork? Children only? Or spouses of children and grandchildren?

Answered 12 years and 3 months ago by attorney Diana L. Anderson   |   1 Answer
You do not need to include spouses of children and grandchildren.  The immediate family would include the spouse, and the children if any.  If any of the other relatives are named as beneficiaries in the will, you can include those people also.
You do not need to include spouses of children and grandchildren.  The immediate family would include the spouse, and the children if any. ... Read More

is it illegal to change a beneficiary while I had limited POA which was not in accordance to the will

Answered 12 years and 3 months ago by attorney Diana L. Anderson   |   1 Answer
Its not illegal in the sense that its a crime - but a POA does not have the authority to change a beneficiary and should NOT do so.  
Its not illegal in the sense that its a crime - but a POA does not have the authority to change a beneficiary and should NOT do so.  

As an executor for an estate in NJ what is a percent I can take as my fee

Answered 12 years and 3 months ago by attorney William R. Pelger   |   1 Answer
I can only answer for PA, which is probably similar to NJ. Around 5%, is the quickest answer. 
I can only answer for PA, which is probably similar to NJ. Around 5%, is the quickest answer. 

Does lawyer have to provide me with a copy of my will that was drawn up by myself & lawyer?

Answered 12 years and 3 months ago by attorney Diana L. Anderson   |   2 Answers
Some lawyers do this to prevent you form taking the copy, signing it and then not paying for it. I personally don't, but do stamp the words "copy" on each page so that if the client does sign the will and doesn't come back to finalize the will, I can't be blamed if there are mistakes.  If you have already paid the lawyer, then you are entitled to the will, whether its a copy or a final version. ... Read More
Some lawyers do this to prevent you form taking the copy, signing it and then not paying for it. I personally don't, but do stamp the words... Read More

i need a lawyer to make a will

Answered 12 years and 4 months ago by William Patrick Askin (Unclaimed Profile)   |   1 Answer
I am able to help as this is the majority of my practice in New Jersey.  Call me at 973-534-5341 or email to bill@askinlaw.com.  Or simply provide your contact info and I will be in touch. Bill
I am able to help as this is the majority of my practice in New Jersey.  Call me at 973-534-5341 or email to bill@askinlaw.com.  Or simply... Read More

Can a will be considered valid if

Answered 12 years and 4 months ago by attorney Diana L. Anderson   |   1 Answer
It will take a court proceeding but it is possible that this will can be found valid.  If the document states the person intended it to be a will it is possible that it can be with testimony from the witnesses.
It will take a court proceeding but it is possible that this will can be found valid.  If the document states the person intended it to be a... Read More

My friend died in NJ without a will. He had 1 minor child with a woman he was never married to. He had no other family.

Answered 12 years and 4 months ago by attorney Diana L. Anderson   |   1 Answer
Someone will need to be appointed as the administrator of his estate.  The assets can go the minor child in a trust and someone will have to be appointed as the Trustee of that trust.  One of his family members can apply to be the administrator, and also the trustee.  The trust will protect the child's money until the child turns 18. ... Read More
Someone will need to be appointed as the administrator of his estate.  The assets can go the minor child in a trust and someone will have to be... Read More

can a father and daughter both be on the title

Answered 12 years and 4 months ago by attorney Diana L. Anderson   |   1 Answer
Yes - he absolutely could have held a property in hi name and one of his daughter's names.  If the property was held in joint names, the property may pass to the surviving joint holder by operation of law, instead of through the will.  You can usually access New Jersey property ownership information on the county clerk's site of the county in which the property is located. ... Read More
Yes - he absolutely could have held a property in hi name and one of his daughter's names.  If the property was held in joint names, the... Read More

What do I do if my grandmother has a will , passed away, not sure if estranged uncle will get it probated ?

Answered 12 years and 5 months ago by attorney Diana L. Anderson   |   1 Answer
You can call the surrogates office of the county in which your grandmother lived.  If the will has not been posted they will tell you.   You can also apply to be the administrator of the estate without the will if you don't have it. You should start with the surrogates office.  If your grandmother lived in Monmouth or Ocean county and you would like some assistance, call my office.  ... Read More
You can call the surrogates office of the county in which your grandmother lived.  If the will has not been posted they will tell you.  ... Read More

Can an executor of a will also be a beneficuiary in New Jersey

Answered 12 years and 5 months ago by attorney Diana L. Anderson   |   1 Answer
Yes - that happens quite often.  What sometimes causes conflict is when one of the witnesses is a beneficiary.  That may cause the witness to be disqualified, and then cause the will to not be self proving.  But in your case, the executor can also receive a distribution from the estate without conflict.... Read More
Yes - that happens quite often.  What sometimes causes conflict is when one of the witnesses is a beneficiary.  That may cause the... Read More

How i Can Get my share from my mother who died March 23, 2011 in new jersey

Answered 12 years and 6 months ago by attorney William R. Pelger   |   2 Answers
You need direct these questions to the estate lawyer. if there is none, or you get no response, see a local NJ lawyer immediately. He or she can perhaps pull the case up from the court website and with your docments and what he or she sees, can advise you what steps to take. 
You need direct these questions to the estate lawyer. if there is none, or you get no response, see a local NJ lawyer immediately. He or she can... Read More

Need Probate help - live in NJ

Answered 12 years and 6 months ago by attorney Diana L. Anderson   |   1 Answer
If you are the executor of the estate, you can ask an attorney to prepare a quitclaim deed that will transfer the property into your name, or you can sell it.  You would then be able to sign the contracts for sale as the executor.  This should be easy to take care of.  Just figure out what you want to do : keep the property or sell it, and then either transfer it into your name or list it for sale.  If you are not the executor of your mom's estate, get the executor to do this.... Read More
If you are the executor of the estate, you can ask an attorney to prepare a quitclaim deed that will transfer the property into your name, or you can... Read More

How can I find if there is a will and how can I know about it

Answered 12 years and 6 months ago by attorney Diana L. Anderson   |   1 Answer
You can call the probate office of the county in which the person died.  You will need to know the date of death, and the probate office will tell you if the will has been probated.  If you are looking for the will, you can call local attorneys, or maybe try the attorney that assisted with buying the house.  ... Read More
You can call the probate office of the county in which the person died.  You will need to know the date of death, and the probate office will... Read More

the executor will not provide me with proper documentation of a trust account.

Answered 12 years and 7 months ago by attorney Diana L. Anderson   |   1 Answer
The executor's fee is not 15%.  The executor's fee is much smaller, only 5%.  Its up to you - figure out how much additional your bother took and ask for a credit for that amount of what you are to receive.  
The executor's fee is not 15%.  The executor's fee is much smaller, only 5%.  Its up to you - figure out how much additional your bother... Read More

Wills

Answered 12 years and 8 months ago by attorney Diana L. Anderson   |   1 Answer
You will need to look at the terms of the trust and see if it includes distributions of income.  Most trusts allow for the beneficiary to receive quarterly payments of some of the income earned by the trust.  There should also be some point in time  when a distribution from the trust is triggered.  Sometimes that's defined by an event - for example when you reach a certain age, or after a person passes away. At the distribution you would be entitled to the principal of the trust in addition to the income.... Read More
You will need to look at the terms of the trust and see if it includes distributions of income.  Most trusts allow for the beneficiary to... Read More

Can I change my probate/estate lawyer because of neglect of our case?

Answered 12 years and 8 months ago by attorney Diana L. Anderson   |   1 Answer
This will not present any legal implications because if you are the executor, the lawyer is representing you, not the estate.  Send a written letter asking for all of your documents back, if he has any, and then either hire a new lawyer to help you or do the adminstration yourself.   Send a letter, certified mail, indicating that you are terminating his representation of you, and you want your file back.    ... Read More
This will not present any legal implications because if you are the executor, the lawyer is representing you, not the estate.  Send a written... Read More

Want to know if i can still sue my great great aunt?

Answered 12 years and 8 months ago by attorney Diana L. Anderson   |   1 Answer
I'm not sure I have the chain of events right.  It sounds like the cause of action does not belong to you, but instead belonged to your grandmother, and if she did not enforce her right to take form your great grandmother's estate, that was up to her, but now that she has died you can't enforce that right for her. Besides, the statute of limitations would require that the lawsuit be brought sooner than 13 years after the date of death.  I'm sorry. ... Read More
I'm not sure I have the chain of events right.  It sounds like the cause of action does not belong to you, but instead belonged to your... Read More

Mom left house to me and it is in foreclosure

Answered 12 years and 8 months ago by attorney Diana L. Anderson   |   1 Answer
I don't know why you would want to probate the will and try to save the house if its underwater by $80,000.  Even though you have a lease agreement, that will not prevent the foreclosure.  If you probate the will, you can fight the foreclosure, and you will not be responsible for the debt.  The debt will still be debt of the estate.  ... Read More
I don't know why you would want to probate the will and try to save the house if its underwater by $80,000.  Even though you have a lease... Read More

wills and probate

Answered 12 years and 8 months ago by attorney Diana L. Anderson   |   1 Answer
There is no question in your post.  If you have some facts you would like to share, or a question, please post, and I will see if I can help you.
There is no question in your post.  If you have some facts you would like to share, or a question, please post, and I will see if I can help you.

Am I legally obligated to answer?

Answered 12 years and 8 months ago by attorney Diana L. Anderson   |   1 Answer
Unless the sibling is willing to bring a lawsuit claiming you violated your duty as the power of attorney, the sibling who is the executor has not right to hold up the probate of the will or the administration of the estate. 
Unless the sibling is willing to bring a lawsuit claiming you violated your duty as the power of attorney, the sibling who is the executor has not... Read More

How do you find out if child is listed on suddenly deceased father's will and/or any other documents.

Answered 12 years and 8 months ago by attorney William R. Pelger   |   1 Answer
you have to locate the will
you have to locate the will

My father died 3 years ago and in his will he left me $10,000

Answered 12 years and 8 months ago by attorney Diana L. Anderson   |   1 Answer
The executor has to finalize the estate, usually within 9 months of the date of death. If your brother has not done his job, you can petition the court to have him removed and gain access to your inheritance.
The executor has to finalize the estate, usually within 9 months of the date of death. If your brother has not done his job, you can petition the... Read More
Wills and Probate
New Jersey

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