Blog & Resources

As the executor of an estate in Burlington County, NJ, your expenses incurred in handling the estate are reimbursed from the estate assets. Typical examples are filing fees, parking fees, and money that you pay to have the estate assets secured or cleaned. You are also reimbursed for reasonable travel costs that were incurred only because of the estate.

Often the most sensitive question when estate planning – where and how do you want your remains disposed? I realize this appears morbid, but it is a necessary consideration. In New Jersey, the State has established default rules when a Will is silent on the issue, or if the testator fails to designate a specific person with authority over the decision. Similar to intestacy, these rules are utilitarian in nature. As with any one-size fits all rule, there will likely be family conflict and litigation.

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.

I am the Executor of my Brother’s Burlington County, New Jersey estate and all the assets pass into trust for his minor children. I am worried his ex-wife will object to everything that I do as Executor as she is unhappy that she doesn’t get control over the children’s money. What can I do to avoid trouble?

This is one of those situations where no good deed goes unpunished. You are serving as your brother’s executor to make sure your nieces and nephews are properly cared for, but by serving as personal representative you are also responsible for any mistakes or errors you make that reduce the children’s inheritance.

In New Jersey, a disclaimer is an heir’s legal refusal to accept a gift or a bequest. In other words, you can’t force someone to accept a gift. If a Will names someone an heir or if a life insurance policy names a beneficiary, that heir or beneficiary cannot be “forced” to accept the gift.

Changing your bank account into a Joint-Ownership account with your daughter or making her the Payable-On-Death beneficiary of the account avoids probate, but these are different tools addressing different situations and goals.

Beneficiaries of Burlington County estates will often approach us asking our help in keeping an eye on the estate’s executor. This is often the result of the executor not sharing information about the estate with the beneficiary, the executor’s unreasonable delays, or when the executor’s behavior has raised the beneficiary’s concern.

Question: My mother’s Burlington County Will directs me to distribute money directly to my brother, who is mentally ill and has a spouse who will squander the funds. What recourse do I have?

As the executor of a Burlington County will, he has a duty to follow through with the terms of the will. Should the brother not wish to cooperate, he has a legal right to have his Burlington County Probate Attorney petition the Surrogates Court to force the executor to turn over to him his inheritance.

A Will is a legal document that specifies the beneficiaries who are to inherit your assets either outright or in trust. It is a good idea to consider the possibility that any beneficiary that you name in your will might die before you. If so, you can name an alternative beneficiary who will receive the asset.

Every journey starts with the first step, and your estate planning begins with assembling information and answering questions. Your estate plan’s complexity will depend on many factors, including your family and its unique set of circumstances, the type and value of your assets, your overall financial plan and your ideas on how you would like to divide what remains of your estate at your death.