Unintended Consequences (Part 1)
In this week’s post I’ll tell you about an interesting issue that came to our office involving an estate administration matter. The decedent left a portion of his estate to his friend. What I also learned is that the friend who was 10 or so years older than the decedent, legally adopted
The Executor who is Neither a Resident nor a Citizen (Part 2)
My post last week was about a call we received from someone named as executor in a sibling’s will. While the decedent was a New Jersey resident and U.S. citizen, the executor was not. As I explained last week, there is no New Jersey statute or rule requiring it, however, there are
The Executor Who is Neither a Resident Nor a Citizen (Part 1)
We received a call the other day regarding an estate administration matter. A New Jersey resident died leaving a home and other assets in her name. She named her her sibling as the sole heir as well as her executor. Sounded pretty straight forward. An inheritance tax return would need to be filed
Why and When a Surety Bond is Necessary – Part 3
In this third post of three I once again discuss surety bonds. Last week I explained the types of situations where a court would require one. The cost of a bond is the premium - an annual fee that must be paid each year the bond remains in place. How long is that
Why and When a Surety Bond is Necessary – Part 2
Why and When a Surety Bond is Necessary In last week’s blog post I explained what a surety bond is and why, in a general sense, it is required by courts. This week I will cover situations in which a court would or might require one. Typically, when someone dies leaving a will
Estate Administration to Pursue Legal Claims – Part 3
In last week’s blog post I talked about a call from an attorney who needed help. He was handling a wrongful death claim on behalf of the children of a father who had died of injuries suffered in a car accident. I was able to get the son appointed administrator ad prosequendum
Changing Distributions After Death – Part 2
In my post last week, I talked about a scenario where family members wish to change the distributions they are to receive after a loved one’s death. Because the death sets in place the wishes of the decedent (person who died) either by the will or the intestacy laws if there
The Importance of Updating Your Will – Part 2
In last week’s post, I talked about two recent estate administration cases in our office. In each instance the decedent left a will but no living executor was available to serve. In the first case, the two children who inherited the estate equally were not named because at the time the will
The Unknown (Half) Sibling – Part 3
In this third post of three I have been discussing Mary’s call to our office. She had taken care of her cousin, Sam in his home until his death following a long struggle with Alzheimer’s Disease. Sam had promised he would leave Mary his home but he never put that in writing
The Unknown (Half) Sibling – Part 2
In last week’s post I was telling you about Mary’s problem. She had moved in with and taken care of her cousin, Sam after his diagnosis of Alzheimer’s Disease. She had given up the lease on her apartment when she agreed to the arrangement and Sam promised in return to leave her