Is a Damaged Will an Invalid Will? Part 2
In my post here last week, I told you about a call we received from Son concerning Dad’s will.  The original will had been in Son’s possession but after Dad’s passing he discovered that it had been damaged.  Someone spilled liquid on it which had caused parts to be unreadable.  When he separated
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
How Do I Access a Deceased Owner’s Account? Part 3
In my blog posts the past 2 weeks I have addressed this commonly asked question.  I explained the distinction between probate assets - ones controlled by a will or the intestacy laws - and non-probate assets which are not.  Generally, an executor or administrator must be appointed before an account can be
Selling Real Estate of a Deceased Owner (Part 2)
In my post last week, I told you about a call I received about an unmarried couple who owned a home together.   The woman had died a year before the man.  I explained that New Jersey has an inheritance tax that is payable 8 months after death.  The tax is based on the
Estate Administration – Do It Yourself or Not (Part 2)
In my blog post last week, I began a discussion about what role an attorney can play in the estate administration process. More specifically, how much involvement we have in any case depends on the complexity of the matter and how much our clients want to take on themselves. As I
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 is an Insolvent Estate? Part 1
As I have written about previously in this blog, estate administration involves gathering the assets of the person who died, paying all debts and taxes owing, and distributing the remaining assets to the rightful heirs - determined either by a will if there is one or by state intestacy laws