Blog & Resources

From our “Ask a Question” mailbag: Before he died, my dad lived with me in Camden County, New Jersey for several years. My wife and I took him to the doctor and cared for him when he became bedridden. He died without a will and all his assets are being divided between my brothers and I equally. They never helped with his care. This is not fair. Can I make the estate pay me for my time?

Under New Jersey rules, your father could have made a will and given you the entire estate. Alternately, he could have made a Will that said you would receive more of his estate to reflect the work you did. Because he did not make a Will at all, the New Jersey intestate rule divides his assets between all children, equally.

From our “Ask a Question” mailbag: I am a resident of Burlington County, New Jersey and want to modify my will. My two children are older and I want to name them as co-executors. Is naming my children as co-executors a good idea?

Naming your children as co-executors (or “personal representatives”) of your Will can be a fine idea, or a terrible idea, depending on your children. You need to be honest with yourself about how well your children’s personalities work (or do not work) together.

From our “Ask a Question” mailbag: My grandfather, a resident of Philadelphia, Pennsylvania, died of dementia 12 years ago. Shortly before his death, his will was changed, giving everything to my aunt. We believed that my grandfather died broke. However, now that my aunt died, we found out that he had a joint account with her containing a large sum of money. The prior will states that I would receive one-fourth of his estate. Can I challenge the will?

First, a will challenge case alone based on incapacity or undue influence, even if successful, would not help you. You stated that the funds were in a joint account. A joint account passes outside of probate, meaning the will has no effect on the joint ownership.

From our “Ask a Question” mailbag: In preparation for my upcoming death, I have formed a Revocable Living Trust to make easier the transfer of my assets to my partner. I wish to avoid probate in Bucks County, Pennsylvania. I do have some legal claims against people who owe me money that may not be resolved before my death. Do I need a will?

If properly formed and funded with all of your assets that would otherwise be probate assets, your thoughtfully planned Revocable Living Trust can avoid probate in Bucks County. However, if you have a legal claim at your death, that claim must be pursued by your Executor. Although it is possible to transfer your claim into the Revocable Trust, this is often problematic.

Many readers have submitted questions recently about long term care insurance, especially from Atlantic County, New Jersey. Despite all the attention that Atlantic City gets in the news, Atlantic County’s core population mostly lives inland—with over 43,000 residents in Egg Harbor Township alone.

That population’s getting older all the time, too. Compare the 2010 Census results with its predecessor and you’ll see that, as in many parts of the country, citizens aged 65 and older make up a growing percentage of the population.

From our “Ask a Question” mailbag: I am the executor of my mother’s estate in Lehigh County, Pennsylvania. I have advertised the estate and paid all the valid creditors, but a neighbor of my mother has made a claim for $10,000.00 that has no validity. Can I make distribution without paying him?

Although it’s technically possible, the correct answer is that you should not.

As the executor, you are free to make “at risk” distributions. That means if you later lose a claim, you’re personally at risk. Keep in mind, Pennsylvania is a rather creditor-friendly state.

From our “Ask a Question” mailbag: I am a New Jersey resident serving as the Personal Representative of my mother’s Atlantic County, New Jersey estate. I hired a Atlantic County attorney to probate the estate and help me administer the estate, but I cannot get her to return my calls. What can I do?

We hear questions like these more often than you might think, especially from families who have never really required the services of a skilled attorney. Hiring a lawyer can be intimidating, and it’s especially hard to focus on day-to-day tasks when you’re also dealing with grief. However, customer service means everything in every industry, especially ours. It’s not enough to assume that your probate attorney’s going to do their job if they’re seemingly too busy to communicate with you.

From our “Ask a Question” mailbag: My mother is incapacitated and living in an assisted living facility in Atlantic County, New Jersey. She appointed my brother Agent under her Power of Attorney. My mother has a life insurance policy that names me as beneficiary. My brother refuses to make the payment, so the policy will soon lapse. Can I make the payment?

The insurance company does not care who sends the check. Therefore, you certainly can make the payment.

The real question you should be asking here is: should you make the payment?

From our “Ask a Question” mailbag: Our entire lives, my parents and I have lived in Burlington County, NJ. My father died two years ago, and my mother passed away last week. I was an only child and everything in my mother’s will was left to me. I am executor. Do I need to probate her will, or open an estate? Her only assets were our family home (valued at $600,000) and her car.

The short answer is: no, you cannot transfer the deed without going through probate.

From our “Ask a Question” mailbag: My mother, who lives in Burlington County, New Jersey, is having serious health problems. She wants me to be able to use her general power of attorney, but it says I need a doctor’s note saying that she is incapacitated. Is that normal?

Your mother has a “Leaping” Power of Attorney, which at one time was the normal document that Burlington County Estate Planning Lawyers would prepare. A Leaping Power of Attorney gives the “Agent” the power to act for the person if—and only if—that person has become incapacitated, and the Agent can secure a letter from the person’s doctor stating that the person is incapacitated. Without the letter the power of attorney is useless.