What Qualifies as a Last Will and Testament? Part 1
What Qualifies as a Last Will and Testament? Part 1 In my first conversation with family members after a loved one dies, not infrequently someone will tell me that the decedent (person who died) verbally expressed his or her wishes about how they wanted their estate to be distributed. In some cases
Why Does Estate Administration Take So Long? (Part 2)
In my post last week I addressed a common question concerning the process of administering the estate of someone who has died. Why does it take so long? On average it can take 9 to 12 months for most estates to be completed although I did explain last week that easier estates
Why Does Estate Administration Take So Long? (Part 1)
When I explain the estate administration process, I am usually asked, “how long will it take?” The person will often preface that question by first stating that “it’s a simple estate” or “all the heirs are in agreement”. I tell people that, on average, an estate can require 9 months to a
Real Estate Sale After Death (Part 2)
In my blog post last week, I told you about a number of cases in our office in which we were contacted to help with a real estate closing that was delayed at the last minute. Shortly before the closing it was discovered that the person who signed the real estate
A Mysterious Disappearance – Part 1
We recently received a call from Joe. He said his brother, Jim, who lives in New Jersey with his family, went to South America on a fishing trip. When the boat returned to shore Jim was nowhere to be found and the crew had no answers as to what happened to him. It
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
What If I Can’t Find the Original Will – Part 1
We all know the statistics. 110,000 deaths attributed to Covid-19 and climbing. Our office has received more calls in the last 3 months regarding the need for estate administration than at any time that I can recall in the past 25 years. In many instances the decedent (the person who
Do It Yourself Estate Plan – Part 2
In last week’s post I was telling you about Mary and John’s do it yourself wills. For less than $100 they purchased a software program that helped them assemble their wills. When John died only then did Mary learn of the mistakes they made. I already told you about the IRA which John intended
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
Self Proving Will (Part 1)
Probating a will is the process by which a will is presented before a court of law for the purpose of having it established to be the last will of the person who died. Probate means “to prove”. In New Jersey most wills do not need to be presented before