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
Is it Still Possible to Probate a Will?
Last week, I heard the statistic reported that the number of Covid-19 related deaths has now exceeded the number of people who died in the Vietnam War. The Vietnam War, of course, spanned 11 years while the current pandemic has been ongoing for a few months at this point. The compressed
Unexpected Inheritance – Too Good to Be True? (Part 1)
In this week’s post I will share with you a letter a client received that he forwarded to me. Our client – we’ll refer to him as John Smith (not his real name) – received a letter from the account manager at a foreign branch of