New Jersey Estate Planning: Using Wills and Beneficiary Designations to Avoid Probate
How wills and beneficiary designations affect probate in New Jersey — a clear answer Short answer Yes — some assets can pass to a spouse or children outside of probate in New Jersey, but a will alone generally does not avoid probate. To keep property out of probate you must use tools that operate by […]
Read article →New Jersey: How to Buy Out Siblings’ Share of a Parent’s House Instead of Selling in Probate
Can I buy out my siblings’ shares in a parent’s house instead of selling it through probate? Short answer: Yes — in many situations you can buy out your siblings’ interests and keep the house without a full public sale through probate. The exact steps depend on how title is held, whether your parent left […]
Read article →New Jersey: Recovering Estate Money Taken by an Heir After a Parent’s Death
Detailed Answer This section explains what typically happens when an heir withdraws money from a deceased parent’s bank account or runs charges on the parent’s credit card after the parent has died, and whether the estate can recover those funds under New Jersey law. This is an explanation of common legal principles, not legal advice. […]
Read article →Filing a Year’s (Family) Allowance Petition in New Jersey: What to Include
Detailed Answer: What to include when you file a year’s (family) allowance petition in New Jersey Short explanation: In New Jersey a "year's allowance" is commonly called a family allowance. It is a short‑term payment the Surrogate’s Court can order from a decedent’s estate to support the surviving spouse, minor children, or other dependents while […]
Read article →Handling a Parent’s Estate in New Jersey: Step-by-Step FAQ
Disclaimer: This article explains general information about administering an estate in New Jersey. It is not legal advice. For advice specific to your situation, consult a licensed New Jersey attorney or the county Surrogate's Office. Detailed Answer: Step-by-step guide to handling a parent’s estate in New Jersey Below is a plain-language, practical sequence you can […]
Read article →Switching to a Small Estate Process in New Jersey: What to Do When an Allowance Cap Is Reached
Can I switch to a small estate process in New Jersey if I hit a year’s-allowance cap? Short answer: New Jersey’s procedures and limits are different from other states’ (for example, North Carolina’s $60,000 year’s allowance rule). If you believe an allowance or similar payment cap has been reached, you should immediately stop making further […]
Read article →Paying Back Taxes on Inherited Land in New Jersey: Legal Consequences When You Are Not on the Deed
Detailed Answer This section explains what typically happens under New Jersey law when someone pays overdue property taxes on land that they did not receive title to by deed or probate. The short answer: paying the taxes protects the property from immediate tax enforcement and gives you a strong basis to seek repayment or other […]
Read article →Finding Rightful Heirs and Property Ownership in New Jersey
FAQ — Determining heirs and property ownership under New Jersey law Short answer: Begin by checking whether a will was filed with the county Surrogate. If there is no will, New Jersey intestacy rules control who inherits. To determine current property ownership, check the county land records (deed office) for the deed and look for […]
Read article →Getting Letters of Administration Reconsidered and Removing an Administrator in New Jersey
What to do if you want the court to reconsider letters of administration and replace the administrator in New Jersey Disclaimer: This article explains general New Jersey probate concepts and procedures for educational purposes only. It is not legal advice. Consult a licensed New Jersey attorney for advice about your specific situation. Detailed Answer — […]
Read article →New Jersey: Challenging an Administrator Who Closed a Deceased Parent’s Joint Bank Account
Short answer If an appointed administrator closed a deceased person’s joint bank account without telling heirs, you have options under New Jersey law. First, determine who legally owned the funds (survivor by right of survivorship vs. funds belonging to the estate). Then demand records and an accounting from the administrator, and, if necessary, petition the […]
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