Transferring a Motor Vehicle After Owner’s Death (Part 1)
It’s a question that comes up often and early when discussing how to administer estates after someone dies. In part it is because of the difficulties many of us have had at times figuring out New Jersey’s Motor Vehicle Services process. The question is “How exactly do I dispose of a motor
How Do I Access a Deceased Owner’s Account? Part 5
In the past 4 blog posts, I have been discussing how to access a deceased owner’s bank or brokerage account. In part it depends on whether the account is a probate asset - controlled by a will or state intestacy laws when there is no will - or a non-probate asset. But
How Do I Access a Deceased Owner’s Account? Part 2
Last week I addressed a question we get frequently in our office - how to access the financial account of a loved one who has died. The answer is not the same for each account. We must first determine whether the account is a probate or non-probate asset, meaning “is it controlled
How Do I Access a Deceased Owner’s Account? (Part 1)
It is a common question we get when someone calls our office after a family member dies. “Can I still access their account since I am agent under power of attorney?” or “Can I use the account to pay for the funeral and other bills that need to be paid?” These questions
Selling Real Estate of a Deceased Owner (Part 3)
In this third post of three I continue with the story of a call we received about an unmarried couple who owned real estate together. The woman passed away first and a year later the man died. As I explained last week, the administrator of the man’s estate found a buyer for
Estate Administration – Do It Yourself or Not?
A common question I am asked when talking to someone about hiring us to help with estate administration after a loved one dies is whether they need the assistance of an attorney or not. My general answer is that it depends on the specifics of the particular matter as well as
What Qualifies as a Last Will and Testament? Part 3
In my last 2 blog posts I have explained the elements of a last will and testament. New Jersey law clearly sets out the requirements which, if followed, make the probate process much easier than when the law is not followed. While I am always an advocate for consulting with an experienced
What Qualifies as a Last Will and Testament? Part 2
In my blog post last week, I explained the elements of a validly executed will. When someone dies with a will, it must first be admitted to probate before the executor named in the document can begin to do what is required to administer the decedent’s assets. In New Jersey, if the
What Qualifies as a Last Will and Testament? Part 1
What Qualifies as a Last Will and Testament? Part 1 In my first conversation with family members after a loved one dies, not infrequently someone will tell me that the decedent (person who died) verbally expressed his or her wishes about how they wanted their estate to be distributed. In some cases
What is an Insolvent Estate? (Part 3)
In my blog post last week, I explained that when the assets of a decedent are insufficient to cover all estate debts, the debt is classified by priorities. Debts are entitled to be paid in a certain order of priority. Eventually, however, in the case of an insolvent estate we will get