How to determine which tasks are covered under an initial probate representation agreement in NJ
Detailed Answer When you engage an attorney for probate in New Jersey, your retainer agreement serves as the roadmap for what the lawyer will and won’t do. Under New Jersey law, attorneys must clearly communicate the scope of representation in writing (see N.J. Stat. Ann. § 45:14B-16 on fee agreements). To determine which tasks fall […]
Read article →May I Petition a Court to Remove an Estate Administrator Who Refuses to Fulfill Their Duties in New Jersey?
How to Remove an Estate Administrator in New Jersey Detailed Answer Under New Jersey law, an heir or beneficiary may petition the court to remove an estate administrator who neglects or refuses to perform required duties. The process is governed by N.J.S.A. 3B:24-38 (Removal of Fiduciary). 1. Grounds for Removal The court may remove a […]
Read article →How Can I Request an Extension for Filing a Final Accounting in Probate in New Jersey?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For legal guidance, consider consulting a qualified attorney. Detailed Answer In New Jersey probate, a personal representative generally must file a final accounting within 18 months after letters are issued, per N.J. Court Rule 4:90-1(a). If additional time is needed, the […]
Read article →Do I Need to Open an Estate to Pursue a Wrongful Death Claim After a Car Accident in NJ?
Detailed Answer Pursuing a wrongful death claim after a car accident in New Jersey requires a proper representative of the deceased’s estate. Under New Jersey’s Wrongful Death Act (N.J.S.A. 2A:31-1 et seq.), only the decedent’s personal representative can file suit on behalf of surviving family members and other beneficiaries. Without formally opening an estate and […]
Read article →How do I apply for letters of administration and what forms are required in New Jersey?
Detailed Answer Overview: In New Jersey, letters of administration grant a personal representative authority to manage and distribute an intestate decedent’s estate. Under New Jersey law (N.J.S.A. 3B:11-1 et seq.), you apply at the Surrogate’s Court in the county where the decedent resided. Step 1: Determine Eligibility The decedent died without a valid will. No […]
Read article →How do I distribute wrongful death proceeds to rightful heirs in New Jersey?
Disclaimer: This article is for educational purposes and does not constitute legal advice. Detailed Answer Under New Jersey’s Wrongful Death Act (N.J.S.A. 2A:31-1 et seq.), a personal representative sues for a decedent’s death and recovers damages for survivors. After you secure settlement or verdict funds, you follow the distribution rules in the Act, primarily N.J.S.A. […]
Read article →How to Obtain and Review Documentation of a Medicaid Claim Against an Inherited Estate in New Jersey
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer When a New Jersey resident receives Medicaid benefits and later passes away, the State may seek recovery from the person’s estate. If you inherit that estate, you can obtain and review all documents related to the Medicaid claim by […]
Read article →What is the process for petitioning a court to remove a personal representative for mishandling estate assets in NJ?
Detailed Answer Under New Jersey law, a personal representative (executor or administrator) holds a strict fiduciary duty to the estate and beneficiaries. If the PR mismanages or wrongfully converts estate assets, an interested party can ask the Surrogate’s Court to remove them. Below are the key steps: 1. Identify Standing and Grounds Any interested party—such […]
Read article →How can an interested party open probate for a decedent’s estate in NJ?
How to Open Probate for a Decedent’s Estate in New Jersey Disclaimer: This article provides general legal information and does not constitute legal advice. Consult a qualified attorney for advice about your specific situation. Detailed Answer In New Jersey, probate refers to the legal process that validates a decedent’s will or, if no will exists, […]
Read article →What information and duties is a personal representative required to provide to heirs in NJ?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Detailed Answer 1. Notice of Appointment Within 10 days of qualifying, the personal representative (executor or administrator) must notify all heirs of the filing and appointment. New Jersey law requires service of notice on heirs at addresses known to the representative. […]
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