Our “Ask a Question” mailbag addresses what happens when a sibling dies without a Will in New Jersey.
“My sister died in New Jersey without a will. Our parents are dead, and she never married or had children. Our dad had a daughter out of wedlock when he was very young. It was something that the family didn’t speak of, and we only saw her once in our lives. If a sibling dies without a Will in New Jersey, does a half-sibling receive a share?”
Our “Ask a Question” mailbag addresses the issue of which documents to change when divorcing.: “My Wife is divorcing me, what estate planning documents should I change to protect myself?”
“I am not sure which documents to change when divorcing. My Wife has filed for divorce, what estate planning documents should I change to protect myself?”
From our “Ask a Question” mailbag: Before he died, my dad lived with me in Gloucester 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?
From our “Ask a Question” mailbag: My Dad passed away this month. When he died, I found out that I was still on his Gloucester County lease as a cosigner. The lease was signed in 2011. I had moved out in 2013, letting the management company know that I wanted off the lease. When I asked if the management company had anything for me to sign, they replied ‘no’. When I moved out, my Dad had let his brother, his brother’s son, and his brother’s grandson move in. They are still there and the landlord knows of the situation, asking them for money for every day they have been there past May. At best, when my Dad died I thought I would be morally obligated to remove my Dad’s property and clean. Instead, the feeling I am getting is that the landlord wants to hold me responsible for damages, utilities, and possible future rent. Dad had nothing and I am a stay-at-home mom of special needs children.
You have mentioned a number of potential issues. First, the only person who has the authority to act for your dad after he has died is the Personal Representative of his estate (if he had a Will) or the Administrator of his estate (if he had no Will). It sounds like your dad (or his estate) owes the landlord some money.
From our “Ask a Question” mailbag: I had a Revocable Living Trust created several years ago, but I have not put anything into it. I own my Philadelphia home, a few bank accounts and investment accounts. I want everything to pass to my daughter at my death, but she lives in California, so I want the transfer to be easy. Should I move my house from my name into the Revocable Trust?
The goal you have stated in forming your Revocable Living Trust was to make things easier on your daughter who lives in California. Though your intentions are good, without moving the house into the trust you really have done nothing to help her.
The basic idea surrounding a Revocable Living Trust is that during your lifetime you either move your assets into the trust or you set things up so that at your death, they pour into the trust.
From our “Ask a Question” mailbag: I was told that I should make the Irrevocable Trusts I am setting up for my children “Spendthrift” Trusts. What does that mean, and what is the advantage of a Spendthrift Trust?
A Spendthrift Trust refers to an Irrevocable Trust created for a beneficiary that does not give the beneficiary the right to assign his or her interest in the trust to a third person, so that the trust assets are not subject to the beneficiary’s liabilities or creditor claims.
From our “Ask a Question” mailbag: I am the executor under my Uncle’s will (he is alive and living in Gloucester County). I would like to make a minor change to his will. My uncle agrees to the change. Do I need a lawyer to change the will?
Each competent person over the age of 18 can have a will, but only that person can change or modify the will. Your uncle is free to change the Will if he is still competent. The Executor is the person who carries out the terms of the Will after death, so right now you have no power to do anything, especially make changes.
From our “Ask a Question” mailbag: My husband died a resident of Gloucester County without a will. All his assets were owned jointly with me. This week, I received a form letter in the mail from a creditor saying they had issued a statement and proof of claim against my husband’s estate. Also, they requested immediate payment in full. It is addressed to his estate, but came in the mail to me. What should I do?
When someone dies without a will and all their assets are held jointly with a spouse, there is no need to file a will as the assets pass to the surviving spouse because of the joint ownership. That being said, avoiding probate by using a joint ownership does not mean that he avoided his creditors.
From our “Ask a Question” mailbag: I am a resident of Gloucester 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 mother, who lives in Gloucester 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 Gloucester 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 certifying that face. Without the doctor’s letter, the power of attorney is useless.
Peter Klenk is the founding member of Klenk Law, a seven-attorney boutique estate planning law firm. We serve clients in Pennsylvania and New Jersey. Peter Klenk received his Master’s in Taxation, LL.M., from NYU Law School and his J.D. from the University of Minnesota Law School. He served his country in the Navy JAGC during Desert Storm. Easy to talk to, feel free to call Peter for an appointment. We will make the process as easy as possible!
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Flora Novick
The whole process of ensuring that I can provide my mother her wishes upon her death, was made easy by working with the team at Klenk Law. I received my documents quickly and properly.
Peter Klenk was a joy to work with. He made sure I understood every element of the process of estate planning and his firm made the process seemless and uncomplicated. Very grateful!
Peter explains things in a practical way to help guide you through a rather daunting process. We have been using Klenk Law for years. Highly recommend.
We had an excellent experience. Everyone was very personable, professional and efficient.
Daniella was fantastically wonderful. A joy to be around and filled our conversations with so much educational knowledge. I’ve learned so much from her about being a great person and I can’t wait to work with her again
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