Estate Administration to Pursue Legal Claims – Part 2
In last week’s post I referred to a recent case in our office in which an administrator ad prosequendum was needed with respect to an estate whose only potential asset was a legal claim for damages resulting from a wrongful death. Not knowing how much might be recovered and there being
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
Changing Distributions After Death – Part 1
Often when we have an estate administration matter, the will being probated is an old one. In some cases the person never actually executed a will although he or she may have communicated to family members his/her wishes with regard to the distribution of assets. In other cases the family members agree
The Unknown (Half) Sibling
I have written in this blog previously about the outcome of estate distribution when the decedent (person who died) did not execute a will. New Jersey intestacy laws predetermine what happens to your assets and it may not be what you want. Mary called because her cousin, Sam had recently died. Mary had
Estates Left Unattended – Part 3
This 3rd post of 3 is about estate administration which was begun but not finished by an executor who died. As I explained last week, I first had to petition the court to be appointed administrator. The estate consisted of a house and investment accounts. There were several issues that needed immediate attention. Because
Estates Left Unattended – Part 2
In my post last week I explained that while probating a will is not necessary in each and every instance, when there is a need - because there is an asset that can’t be administered any other way - there is a danger in not attending to this need. The risk
Estates Left Unattended
When we get a call from family members when a loved one has passed away, they typically ask how quickly they can or need to probate the will or otherwise begin the estate administration process. The act of probating or “proving” the will - presenting it to the county Surrogate and
Why a Will is so Important in a Second Marriage – Part 2
In my post last week I began telling you about Mary’s call. Her husband, John passed away without a will so for the probate assets - those held by John individually with no co-owner and no beneficiary upon death - New Jersey’s intestacy laws would control. As I explained last week, these
What if I Can’t Find the Original Will? Part 2
In my post last week I began discussing the options to probate when an original will can’t be located. Probate in New Jersey tends to be relatively inexpensive in comparison to many other states because appearances before a judge aren’t normally necessary and a bond isn’t usually required unless you
A Do It Yourself Will Gone Bad – Part 1
I recent call I received from Mary illustrates the risks of do it yourself estate planning. In this case Mary and john, her husband prepared their wills using Quicken’s Willmaker software which can be purchased online for less than $100. It couldn’t be easier, right? Hiring an estate planning attorney could cost several hundred to a