New Jersey Probate Legal Questions

I'm not sure from the question you posed who could have had access to your 401(k).  Those accounts are usually regulated through an investment house and are secured.  If you gave someone access to your account, and they withdrew the funds, then you should go after that person to have the funds replaced. ... Read More

Usually there is not a way to determine that.  You can search for the will in the home, or look in the check register to see if there was a payment to a lawyer, or find out if your father used a lawyer to buy his house and call that lawyer to see if he made a will.  If you apply to be the administrator, you will have the same rights as you would if you were the executor under the will.  If you are the only child, then you will inherit the estate... Read More

There is probably no reason for the sibling's actions, but it is very often the case that one sibling simply does not like the fact that the other sibling is in control.  You should have kept a record of everything you did as the Power of Attorney.  If your sibling is trying to hold things up, one of you has the option of asking the court to resolve the estate.  You do not have to prove a negative - to prove you don't have something.  It is your siblings job to prove you did something wrong. ... Read More

You can fire a lawyer at any time simply by writing a letter, asking for the file and the balance of the retainer.  When you paid the retainer, you should have been given a retainer agreement to sign.  If you have any complaints about what the lawyer did or didn't do, you can challenge the fee that was charged to you.  You will be able to tell if the work was done, because if it wasn't you won't have the result.  ... Read More

It depends on whether your mom died with a will, and how old you were when she died.  If you were not an adult, then someone had to hold the money for you.  If she left it in a will, and stated that your father could hold it, then he has to do what the will says.  If she did not have a will, then the money should have been deposited in the Minor's Account of the county court in the county in which you live.  If you want to find out if she had a will, you can look that up yourself at the county surrogate's office.... Read More

You are not a tenant, so you would not be eligible for landlord tenant protection and the eviction process. If you are trying to buy out your sister's share, they have the right to get as much as they can for the home on the open market.  If they don't get a buyer, and want to reduce the price, then you might be able to accomplish your goal.  At this point your other option is to file something with the probate court in the county in which the estate was probated, trying to get the sale of the property stopped.  However,r the court would most likely only order an equitable solution like getting an appraisal of the property, and if you are able, then you buy your siblings out based on the appraised value.  You can offer this to the estate attorney - getting an appraisal - as an alternative. ... Read More

Yes - part of the executor's duty is to supply beneficiaries with a copy of the will.  Once the will is probated, it becomes a public document.  there is no time limit in which you must probate the will.  Unlike some other states, it is not an offense to fail to probate a will.  There is a restriction or waiting period however, and you must wait 10 days from the date of death, and probate on the 11th day. ... Read More

Yes - you can "force" your sister to distribute.  You would have to seek to have her removed as the Executor, claiming that she has failed to do her duty as executor.  You can ask for an accounting, and ask  for an order directing the sale of the property.  Your sister can also be given the option of buying out the interests of the other beneficiaries.  I have done many similar cases, and the relief you request in this would be granted, especially after four years. ... Read More

I'm not sure its ethical, but if there is no money in the estate, why is anyone worried about serving as the executor?  The executor is only needed if there are assets that need to be gathered and then distributed to the beneficiaries.  If there are no assets, there is no need for an executor.... Read More

Don't deposit the check into the joint account.  You need to open an estate checking account.  I'm not sure why you are hesitant to do so.  It is very simple. You will need to get an EIN number to use to open the account.  You can do that online - look up SS-4 through the IRS website. When you sell the house, you will need to put the proceeds of the sale into that account as well, and use those funds to pay all estate debts.  Good luck.... Read More

It depends on who the other beneficiaries were.  The law of intestate succession sort of "stops" with each line of descendants.  So for example, if there were other nieces or nephews that inherited from your uncle's estate, and you did not, then you might be entitled to a distribution.  You also have to be a blood relative, meaning you had to be related to your uncle, not his late wife (if any).  If your uncle had and parents, brothers or sisters, or children of his own, all of those would probably be in line before you. This is the law.   3B:5-4   Intestate shares of heirs other than surviving spouse or domestic partner. Any part of the intestate estate not passing to the decedent's surviving spouse or domestic partner under N.J.S.3B:5-3, or the entire intestate estate if there is no surviving spouse or domestic partner, passes in the following order to the individuals designated below who survive the decedent: a. To the decedent's descendants by representation;b. If there are no surviving descendants, to the decedent's parents equally if both survive, or to the surviving parent;c. If there are no surviving descendants or parent, to the descendants of the decedent's parents or either of them by representation;d. If there is no surviving descendant, parent or descendant of a parent, but the decedent is survived by one or more grandparents, half of the estate passes to the decedent's paternal grandparents equally if both survive, or to the surviving paternal grandparent, or to the descendants of the decedent's paternal grandparents or either of them if both are deceased, the descendants taking by representation; and the other half passes to the decedent's maternal relatives in the same manner; but if there is no surviving grandparent, or descendant of a grandparent on either the paternal or the maternal side, the entire estate passes to the decedent's relatives on the other side in the same manner as the half.e. If there is no surviving descendant, parent, descendant of a parent, or grandparent, but the decedent is survived by one or more descendants of grandparents, the descendants take equally if they are all of the same degree of kinship to the decedent, but if of unequal degree those of more remote degree take by representation.f. If there are no surviving descendants of grandparents, then the decedent's step-children or their descendants by representation.   ... Read More

New Jersey is very picky when it comes to authorizing cremation.  It is required that the next of kin sign a document allowing the cremation.  Without the next of kin signing, someone has to become the administrator of the estate, and authorize the cremation.  I don't believe there could ever be any liability for you if you sign the cremation authorization form.  However, you might want to check with the Surrogate in the county in which your father lived to see if there has been any one appointed to be charge of his estate. ... Read More

It seems that the child will get 100% of his father's estate.  You will have to apply to serve as the Administrator of the estate, if the child is under age 18.   You will have to go to the surrogate in the county in which the child's father lived when he passed.  You will need to bring an original death certificate.  The surrogate's clerks will help you. ... Read More

You can object to a will on the grounds that it was created as a result of undue influence.  That means that someone who is a beneficiary exerted influence on the testator (person whose will it is) to change the will or make them a beneficiary.  You can also challenge the will on the grounds that the tesator  lacked capacity to make a will.  You can also claim fraud, that the signature on the will was forged.... Read More

If your father is going to probate the will, and become the executor of her estate, then the will becomes a public document.  You need to speak to the Surrogate in the county in which your grandmother lived.  That is where the will is probated.  Call and ask if the will has been probated, and keep calling back to see if it is probated.  If it is you can get a copy of it form the Surrogate.  Before any one can do anything with your grandmother's estate, someone has to be put in charge and that's one of the purposes of the will.  Good Luck. ... Read More

If a life insurance policy is left to anyone, the person to whom it is left, the beneficary, does not need to inform the executor about the value of the policy.  The proceeds are not subject to estate taxation, and there is no need for the executor to know - its not an estate asset, can't be used to satisfy estate debts, etc. If the home and the contents were left to other family members, then the home and contents can be turned over to those family members,  Sometimes the will does not specificy who is to receive the contents and if there is a controversy, then everything gets valued, and possibly sold, and the proceeds of the sale distributed to the beneficiaries.  ... Read More

I would suggest an elder law attorney.  Preferably one that can come to the house and meet with your aunt. you should have a power of attorney, an advance medical directive specifying your aunt's wishes, and a Last Will and Testament.  Feel free to contact my office, and if I can help you I will, or will recommend someone that can.... Read More

A will does not need to be notarized, but if it is not notarized, then you must find the witnesses in order to be able to probate the estate.  You should go to the surrogate's office in the county in which you live and ask the probate clerk's office to help.  they will be able to tell you what to do to get the will admitted to probate, and when the will is probated, you will get a certificate back that will give you the authority to access the safe deposit box.  Good Luck. ... Read More

If that is the only reason you want to update your will, then no, you do not need to update it.  When the will needs to be probated, your daughter will be listed with her married name, and then the probate documents will say "k.i.w.a" and her maiden name.  that stands for "known in will as".... Read More

It depends on what is going to happen to the house when she dies.  Whatdoes the will say about who gets the house?  You will probably be given a reasonable amount of time to move out the house, and find alternative housing.  You need to look at the will and find out who inherits the house and maybe talk to your grandmother about that also.... Read More