New Jersey: Forcing a Surviving Spouse to Sell a House and Distribute Proceeds
Detailed Answer Short answer: Whether a court can force a surviving spouse to sell the house and distribute the proceeds depends first on how the property is titled and second on the surviving spouse’s legal rights under New Jersey probate law. If the decedent owned the property outright (sole ownership) and left instructions in a […]
Read article →New Jersey — How to Recover a Cash Bequest When an Executor Won't Cooperate
Recovering a Cash Bequest from an Uncooperative Executor in New Jersey Short answer: Start by requesting a written accounting and supporting documents from the executor. If the executor refuses or stalls, file a petition in the county Surrogate’s Court to compel an accounting, to demand distribution, or to remove/surcharge the fiduciary. Consider a demand letter […]
Read article →New Jersey — How to File a Notice to Creditors in Probate
How the Notice to Creditors Process Works in New Jersey This FAQ-style guide explains how a Notice to Creditors works in New Jersey probate cases, who must act, and the practical steps an executor or administrator should follow. This is educational information only and not legal advice. Detailed Answer — Overview and step-by-step process When […]
Read article →How to Become Executor When the Named Executor Refuses to Serve — New Jersey
Detailed Answer Short summary: If a parent’s will names one child as executor but that child refuses to serve, New Jersey law allows the court to appoint another qualified person to act. Your path to appointment depends on whether the will names an alternate executor, whether you are a beneficiary or next-of-kin, and whether the […]
Read article →New Jersey: Why an Inherited House Might Not Be a Probate Asset — And Whether You Can Pay the Mortgage to Stop Foreclosure
Understanding why an inherited New Jersey house may be non‑probate and whether you can make mortgage payments to avoid foreclosure Short answer: The house is not always part of the probate estate. If it passed to you automatically (for example, by joint ownership with right of survivorship, tenancy by the entirety, a living trust, or […]
Read article →Challenging a Sibling’s Use of a Deceased Parent’s Bank Account — New Jersey
Detailed Answer When someone dies in New Jersey, their money and property do not automatically belong to whoever uses them. The right to manage a deceased person's assets generally belongs to the personal representative (executor or administrator) appointed by the probate court. If a sibling is moving money from a parent’s bank account to pay […]
Read article →New Jersey: Recovering Sentimental Items from a Sibling During Probate
Can you force a sibling to return sentimental items during probate in New Jersey? Short answer: Possibly — but it depends on who holds legal title, whether the items are part of the probate estate, the wording of the will (if any), the actions of the personal representative (executor/administrator), and the timing. You can often […]
Read article →Enforcing or Disputing Oral Agreements Over Wrongful Death Proceeds in New Jersey
Detailed Answer Overview. In New Jersey, wrongful death recoveries are controlled by the Wrongful Death Act (N.J.S.A. 2A:31-1 et seq.). A personal representative (executor or administrator) normally brings the wrongful death action and holds any recovery for distribution to the persons entitled under the statute. An oral agreement among heirs, beneficiaries, or other family members […]
Read article →Do I have to post a bond to serve as administrator in New Jersey intestacy?
Do you have to post a bond to serve as an administrator in New Jersey intestacy? Short answer: In New Jersey, a bond is commonly required when the court issues letters of administration for an intestate estate, but the bond requirement can sometimes be waived if all persons entitled to share in the estate unambiguously […]
Read article →How to Apply to Be an Administrator of an Intestate Estate in New Jersey
Detailed Answer — Serving as Administrator of an Intestate Estate in New Jersey Short answer: If your mother died without a will and she was a New Jersey resident, you generally apply to the county Surrogate’s Court where she lived to be appointed as the estate’s administrator (sometimes called a personal representative or administrator ad […]
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