How Death Taxes Get Paid – Part 2
In this week’s blog post I continue discussing death taxes and how they get paid. Last week I explained how estate taxes and inheritance taxes are calculated. In each case the assets subject to the tax are not necessarily all within the control of the executor/administrator of the estate. That’s because non-probate assets
How Death Taxes Get Paid – Part 1
In this week’s blog post, I address death taxes - the taxes owed as a result of one’s passing - but more specifically how to pay them. It is not always as straightforward as one might think. First, let’s be clear what we are talking about. In New Jersey, we need to be
Your Payable on Death Designation May Surprise You – Part 2
In my blog last week I began talking about payable on death designations. Wife died and 10 days later Husband died. Neither spouse had left a will but Wife had designated Husband as her primary beneficiary of her 401k. She did not designate any alternate beneficiaries. In the process of liquidating Wife’s 401k, we
How to Leave Personal Property (Part 4)
How to Leave Personal Property (Part 4) In my blog post last week discussing personal property, I explained that leaving a written list in your will can problematic for several reasons. This week I will tell you about one specific reason. The State of New Jersey may come calling. That’s because it periodically checks
How to Leave Personal Property When You Die (Part 2)
In last week’s blog post, I talked about tangible personal property and more specifically how the sentimental value attached to this property can cause issues after death in terms of distributing this property. I explained that if you want to identify specific people to leave specific items to, making specific bequests
Is a Damaged Will an Invalid Will? Part 3
In this third post of three, I finish our discussion concerning a recent call we received from Son who discovered that Dad’s will had been accidentally damaged while in Son’s possession. Son had said that one of the Surrogate employees he spoke with told him he had to proceed as if
Is a Damaged Will an Invalid Will? Part 1
We received a recent call in our office. The caller’s father had passed away leaving a will that had been given by father to son to hold in his possession after Dad had signed it several years earlier. Son retrieved the will after Dad’s passing in order to submit it the Surrogate
Transferring a Motor Vehicle After Owner’s Death (Part 2)
In my blog post last week I began to answer a very common question, “How do I transfer title to a motor vehicle of a deceased owner?” If the vehicle is part of the probate estate, then either Letters Testamentary (if there is a will) or Letters of Administration (when there
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