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
Medicaid Redetermination – Part 6
Picking up where I left off in my blog post last week, George died leaving his wife, Mary who is on Medicaid which has a strict asset limit of $2000. While George was alive we had him change his will to leave Mary only the minimum amount required to satisfy New
Searching for Missing Heirs – Part 2
In last week’s blog post I talked about how many people are alone without apparent family and that dying alone - from an estate administration perspective - raises issues such as identifying the rightful heirs. For people that don’t have close relationships, they probably have less reason to think about executing
When Does Estate Administration Take So Long? Part 4
In my post last week, I covered the complications that can arise if there is no personal representative named - either because there is no will or because none of the named executors in the will are able to serve. This week I discuss the difficulties when there are no clearly
Why Does Estate Administration Take So Long? Part 3
In this week’s post explaining why estate administration takes so long, I cover the scenario when there is no will. New Jersey law establishes who has the first right to serve as administrator and who inherits the estate. Often, however, identifying the correct individuals is not easy. An administrator is tasked with the
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