Blog & Resources

Question: My brother froze my mother’s will at the Camden County Surrogate’s Office. He says he is challenging the Will. What can I do?

First, let me clarify what has happened. Your brother has filed a Caveat with the Camden County Surrogate. By filing a Caveat, any interested party can prevent the Surrogate from immediately accepting a will and giving the executor the power to control the estate assets. When a Caveat exists, any will filed is then held, and the person who filed the Caveat is notified. In theory, the person who filed the Caveat will then go to the Camden County Surrogate’s office to review the will. If they wish to challenge the will, they will then proceed. If they do not wish to challenge the will, they will withdraw the caveat.

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.

Question: Can a Trustee be removed because he did not inform the beneficiaries of the irrevocable trust when they came of age? This Trust is in Camden, New Jersey.

Maybe.

A trustee removal action can be a long and painful process, so no action should be taken without having an experienced New Jersey Surrogates Court attorney review the trust and interview the interested parties.

Question: I am the executor of my mother’s estate in Gloucester County, New Jersey. How do I know when it’s safe to distribute the assets of an estate?

As the executor of an estate, that person is a fiduciary, and owes a duty to the beneficiaries. The executor also is the representative responsible to satisfy all valid estate debts prior to making distributions. Creditors include any taxes due, such as the mother’s final income tax return and the New Jersey Estate Tax return.

Question: How do I reopen a closed estate in Atlantic County? My brother served as executor of my father’s estate and in the will I was named as the successor executor. My brother has since died, and I have discovered more assets.

First, understand that an estate is never “closed”. Estates run out of things to do and the file might be moved from the Atlantic County Surrogate’s Office long-term storage area, but once someone is named as executor, they continue to be the executor.
That being said, if the successor executor has discovered more assets that belong to the father and, if the original executor were still alive, it would be a simple matter to get updated paperwork from the Atlantic County Surrogate to prove he is still the executor.

Marriage is supposed to be for love and planning the wedding can be exciting, but take a few minutes and think about the less-fun aspects of your upcoming marriage such as the income tax ramifications. By spending some time thinking through various tax implications you just might have a happier…and more profitable…marriage.

Governor Chris Christie’s announcement on October 21, 2013 that he would not pursue an appeal of the New Jersey superior Court decision in Garden Stat Equality v. Dow means that same-sex marriage is here to stay in New Jersey. This means a same-sex marriage will result in the same tax treatment both with the IRS and with the New Jersey Division of Taxation. Equality is finally here, but some tax aspects of the equal treatment are advantageous and some are disadvantageous.

A Will is a legal document which:

Specifies the beneficiaries who are to inherit your assets either outright or in trust.
Names a representative (an executor or personal representative) to administer the estate, pay your debts and any taxes and then to be responsible for distributing your assets to the beneficiary or to a trustee.
Nominates a guardian for your minor children.

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.

After the landmark U.S. Supreme Court decision in United States v. Windsor, which found unconstitutional the portion of the Defense of Marriage Act (“DOMA”) that defined “marriage” as a union between a man and woman, and “spouse” as only a person of the opposite sex, and the decision in Garden State Equality v. Dow, where the New Jersey courts found that the New Jersey Constitution required same sex marriage, New Jersey residents can enter into same-sex marriages and same-sex marriages from other states will be recognized as valid in New Jersey.

If you die in Camden County, New Jersey without a will, you are said to die “intestate”. Each state has developed its own rules about how the assets of intestate estates are divided among the living. These rules vary from state to state, but in general, your assets will be divided between your spouse and children. How your estate is divided between your spouse and child depends on your state of residence at the time of your death.