Blog & Resources

From our “Ask a Question” mailbag: My mother passed away in Atlantic County, New Jersey. She was divorced, with four children, leaving no will. She only owned a house, but it has a mortgage taken out by her boyfriend. How do we sell the house?

When a person dies as a resident of New Jersey without a will, they die “intestate.” New Jersey has a set of rules that dictate who has the right to petition the Atlantic County Surrogate to be named the Administrator of an intestate estate. In your case, all four children have this right.

From our “Ask a Question” mailbag: I have served as the Executor for my mother’s Lehigh County estate for over a year and wish to close the estate. However, my brother claims that I have embezzled money from the estate. This is ridiculous, but how can I close the estate while he makes these claims?

As the executor, you could make an “at risk” distribution of the estate assets. This means you distribute the money without getting a release. This is not advisable, as your brother could then use his inheritance to hire a Lehigh County Orphans’ Court Lawyer to force you to file a formal account. Because you would have distributed the estate funds, this cost would have to come out of your pocket.

From our “Ask a Question” mailbag: I served as Executor of my Mother’s estate last year in Camden County, and I obtained releases from all of the Estate’s beneficiaries. Now, one of the beneficiaries who signed a release filed a petition asking me to account. Do I need to Account? What should I do?

The short answer is no, that beneficiary cannot require you to file an accounting.

Unless there are some exceptional circumstances, the Beneficiary waived their right to ask for an accounting after signing the release. In Camden County, unless special cause is shown, an executor typically can be called to account one year after his or her appointment in office.

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: 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: The attorney handling my uncle’s Lehigh County estate mailed me a Receipt, Release, Refunding and Indemnification Agreement. There are no details about how much he spent or other expenses. If I sign this, do I waive my rights to ask any questions?

A Receipt, Release, Refunding and Indemnification Agreement is a probate tool that allows the executor to distribute estate funds to a beneficiary with the promise from the beneficiary to return the funds if it later turns out they were distributed in error. The same form can contain language that, if you sign, means that you agree to take the funds without an accounting and waive your rights to ask future questions.

From our “Ask a Question” mailbag: My husband’s aunt willed him a share of the proceeds on the sale of her jewelry, but the executor told us that the money was mine and sent me a check. We looked up the will ourselves at the Atlantic County Surrogate, and it looks like my husband should get more money. The executor will not answer our questions. What can we do?

As an heir listed in the will, your husband has the legal right to force the executor to account for the estate. Even though the money landed in your household, there could be plenty of reasons for you to insist that the cash is properly accounted for.

From our “Ask a Question” mailbag: Last year, my mother died in Philadelphia and named me as beneficiary of her life insurance. As my children were the contingent beneficiaries, I decided to disclaim the inheritance, and the insurance money passed to my children. I was recently in a car accident. If I am sued can they claim that life insurance money?

No one can force you to take an inheritance. If you properly disclaimed your interest in the life insurance, then you never received it.

From our “Ask a Question” mailbag: I have served as the Executor for my mother’s Delaware County estate for over a year and wish to close the estate, but my brother claims that I have embezzled money from the estate. This is ridiculous, but how can I close the estate while he makes these claims?

It is unfortunate that your brother is making these claims, but there is a forum available to you that will allow you to bring the estate to a close.

From our “Ask a Question” form: I am a New Jersey resident serving as the Personal Representative of my mother’s Burlington County, New Jersey Estate. I hired a Burlington 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?

As the Personal Representative, the Probate Attorney works for you. You hire the Probate Attorney, and you can fire the Probate Attorney.