New Jersey Probate Legal Questions

This happens often.  You or your mother can apply to the surrogate of the county in which your grandfather died to be the administrator of his estate even if you do not have a will.  You will be asking to have the estate listed as "intestate" (without a will) and you will ask to have your mother, appointed as the administrator.  The probate clerk in the surrogate's office can help you.  This will give you the authority to get information from your grandfather's bank and get the money back if she emptied the account.  If she has a will, she will have to produce it, otherwise your mother will be in control of the esate. She will also have the right to get his things out of this other woman's house.... Read More

There really isn't any "normal" cost, it depends on what is needed.  I have written wills that cost no more than $400 and I have written wills that have cost $2000.  It depends on whether there are trusts needed within the will, the size of the estate, and many other factors.  A very simple will, with adult children or no children, would start at about $400.  ... Read More

A will and a living will are two different things.   A will distributes your property to your heirs.  A living will records your wishes regarding medical treatment.  I feel that every adult, regardless of age should have these documents, epsecially if you have very strong ideas of the type of medical treatment you would and would not want. ... Read More

I'm not sure.  Its going to depend on how the original deed was written.  Its hard to tell from the information you have provided.   If the original deed had your aunt and her partner as joint tenants, then the partner got the house by operation of law.  If the original deed did not say joint tenants with right of survivorship, you may have a claim to 20% of the value of the house.  If you have a copy of the deed I would be happy to review it and let you know. ... Read More

I'm not sure what your question is based on the information you provided.  A child has no obligation to pay the debts of the estate.  If there was no will, you can still administer the estate because there is a law that governs who gets any assets even if the person dies without a will - its called Instestate succession.   If there is personal property in the estate, and needs to be distributed, someone has to be appointed to do that distribution and the personal property may have to be sold to pay the debts of the estate.... Read More

I'm not sure what you are asking in this post.  Anyone can be given a Power of Attorney, it does not have to be a blood relative, it can be a friend, and attorney, anyone.  In the Power of Attorney the person is supposed to use any money for the benefit of the other person.  It is not their money.  The step children might have been given the Power of Attorney because they live closer, or its easier.  ... Read More

Because your grandmother died first, and your grandfather did not name a new beneficiary, the insurance policy will go into his estate, and will be divided according to New Jersey intestate laws.  Those are the laws that govern what happens when a person dies without a will.  The estate will go to your grandfathers parents first, but I'm going to assume they have passed, and if they have to his children,  or grandchildren if any of his children have passed.   You will need to get an attorney to help you with this. I am available by internet or phone this week, or next week in the office. ... Read More

If your stepfather died in North Carolina, you must ask this question of a North Carolina lawyer.  If he died with a will, he was entitled to leave his estate to who he wanted.  If he died without a will, you might be entitled to a portion of the estate, but you must ask a North Carolina lawyer familiar with North Carolina intestate laws. good luck... Read More

You indicated you had a "share" in the house.  Does that mean you are on the deed?  Or that you were supposed to get a portion of the house when he passed away?  If you are on the deed, then you definitely have a say in whether or not the house has to be sold.  If you were only to get a portion upon your father's death, then you will not have a say.  If your sister is selling the house to provide care for your father, then that is what has to be done.  If he had a stroke and needs care, and there are no more funds to provide care, then maybe your sister is selling the house to get the money.  She will be responsible for using the funds on his care.  If your father is coherent, ask him if he wants to sell the house.  Your sister should not be using the Power of Attorney if your father is coherent without his consent.... Read More

you do not necessarily need a probate attorney, but yes, you will need to put the property into your own name.  If you are the executor of the estate, you will be doing a deed from the estate to yourself.  this can be a quitclaim deed, in which you are transferring the property "as is" without worrying about title search issues or anything else. ... Read More

If your father died and left the house to his second wife, and then when sh dies, it goes to your sister, then what the second wife got in the will is known as a "life estate" and is not ownership of the property.  She cannot change your father's will, and cannot change the nature of the asset she received.  the life estate is recorded as part of the will and the deed should be changed to the name of your dad's estate, with the life estate to his second wife.  who is the Executor of your dad's will?  the Executor has to do this, and if its the second wife, you may need to intervene to make sure it is handled properly.  Good. luck, and if you think I can help, please call my office.  ... Read More

The reasons why a trustee could be removed may be found in the trust itself, or in the common law, if the trustee has breached his fiduciary duty.  With a Special Needs Trust, the Trustee has more responsibilities than in a simple trust, and visiting with the beneficiary and being aware of their care needs is a huge requirement.  However, if the trust was formed in California, then you need a California attorney, not New Jersey.  It doesn't matter where the trustee lives, it matter where the trust was formed. ... Read More

I practice in IL but probate matters are fairly consistent state wide, but I advise you to consult with an attorney in your state to ensure accuracy. Concerning the Executorship:  No, you may not hire someone to do the job for you.....primarily because you have siblings and there is an order of preference of persons entitled to obtain Letters of Office when the will runs out of possible executors.  Unless your mother prepared her will herself, it is highly unlikely that there are not successors executors listed.  I do not know an attorney who would not include fall back successor executors in the best interest of his/her client. On the matter of the Power of Attorney (POA):  I urge you to encourage your mother to name a successor to you because in the event of her incapacitation, the POA likely nominates the agent to become the then needed Guardian (if properly written)....since a guardian is thus nominated, the necessary court process for such is clean and concise....In the event you are unable to serve the court proceeding will ensue that may not be clean and concise...so for the sake of preserving the assets of your mother's estate, I urge you to address these matters with mom.  You did not mention if there is a POA for Health Care in place for your mother, so if not please address the necessity of such with her as well.  Hope the information was helpful.... Read More

I'm sorry to hear that ! In order to challenge this will, you have to prove that there was lack of testamentary capacity, or that the person was subject to undue influence.  You will need to speak to his doctors to determine his mental status at the time the will was drafted, and speak to the attorney that drafted the will.  I might be able to help you on this matter if you would like.  call my office.... Read More

Each beneficiary needs to receive a copy of the Will.  You should be advised of the total estate, if you are receiving a percentage of the estate.  If not, you receive your distribution.  Usually there is something that releases the executor of the estate from any further liability, especially if the executor had to be bonded. ... Read More

No - if you change your will, or write a new will, the old will becomes invalid.  your new will should contain a paragraph that says this is your new will and any old wills are invalid.  You can also cause the old will to be invalid by writing the word "void" across it of physically tearing it up.... Read More

It would be possible, yes.  you would have to file an action against the estate, and claim that your sister took the money from your mother, and prove how she did it.  for example, if your mother had given your sister a power of attorney and your sister misused it, or spent the money on herself instead of your mother.  However, if you sister is the main beneficiary of your mother's estate,and you provide she took money from your mother, is it going to affect your share of the estate?  this type of litigation can take a long time and can be costly, but in most circumstances, the estate has to pay the legal fees.  You should discuss this with a lawyer to see if it makes sense for you to pursue your claim.  Good luck.... Read More

I'm sorry for your loss.  Finding the will is often a problem.  You should call the lawyer, or friend and find out if they ever did a will, and if they did, find a copy of it.  You can probate a copy, although its more difficult.  If you cannot find the will, you can become the administrator of the estate by doing an "intestate" probate.  Intestate means without a will.  As the surviving spouse, you have the right to do that.  You will need to go to the probate office of the county in which you live, and talk to the clerks there.  Call my office if you need help. Good Luck.... Read More

If your uncle died and left everything to your father-in-law, and your father-in-law was alive at the time of you uncle's death, then your father-in-law was a beneficiary of your uncle's estate, and if you are beneficiaries of your father-in-laws estate, you do have rights.  However,  if he died owning the house, and the house was in joint names with his wife, then the house will have to be sold to provide for her care.  If they owned the home jointly, then the home does not become part of the estate, it passes outside of the will because of the joint ownership.  Chances are a new will could not be done if the wife live in a facility.  Good luck - contact my office if you think I can be of some help.... Read More