Blog & Resources

From our “Ask a Question” mailbag: My mother died a resident of Philadelphia, Pennsylvania survived by three sons. She had no will. One of my brothers has signed the renunciation giving me the right to serve as the Administrator. My other brother is homeless and I don’t know where he is, so what can I do?

The Register of Wills may issue Letters of Administration to give authority to someone to act as the Administrator of an estate if the person died without a will. The statue spells out who has a right to serve, and if the person dies without a spouse then each child has the right to serve. Most often, the children will agree on one person to serve and the other children will complete renunciations in favor of that person.

From our “Ask a Question” mailbag: I filed my father’s will with the Surrogate and was named the Personal Representative, but am having second thoughts. My family is litigious. Can I be sued and found personally liable?

By accepting the position of Personal Representative you became a fiduciary with a duty to the beneficiaries. If your family is litigious, you are right to be concerned. All the beneficiaries have the right to petition the Surrogates Court and ask the court to surcharge you should they feel any action you took reduced their inheritance. This could be a sale of land at too low a price, a fee you paid to a creditor, or even your salary.

From our “Ask a Question” mailbag: My grandmother died in a Delaware County senior living facility without any real assets, except for a small bank account and some stock held in just her name. Her will said it was supposed to be used to pay her last bills and then anything left would be divided among her grandchildren. We’re confused as to how to sell the stock once we do the transfer paperwork. Do we have to sell it through Computershare or can we sell it through any brokerage?

During her lifetime, the stock and bank account could only be accessed or liquidated by your grandmother. Now that she is dead, the accounts will sit until an authorized person contacts the bank and brokerage. As your grandmother had a will, and she lived in Delaware County, Pennsylvania, that person will be the Executor under the will.

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

Under New Jersey rules, your Aunt could have made a will and given you the entire estate, or had a will that said you would receive some of her estate to reflect the work you did. Because she did not make a will, the New Jersey intestate rule divides her assets between all her children, equally.

From our “Ask a Question” mailbag: My aunt’s will names me as her personal representative and divides the estate between all her nieces and nephews. We are not a close family and there have been disputes in the past. I am worried that my cousins will be angry that I was named the personal representative and may cause trouble. Can they sue me as the personal representative?

If you agree to be sworn in by the surrogate as the estate’s personal representative, then you have a fiduciary duty to all beneficiaries to act in their best interest. You will be given broad powers and will be largely unsupervised by the Surrogate. To counter these broad powers the beneficiaries are given the right to Petition Surrogate’s Court to review every action and expense.

From our “Ask a Question” mailbag: My husband died a resident of Burlington County without a will. All his assets were owned joint accounts with me. This week, I received a form letter in the mail saying a bank had issued a statement and proof of claim against my husband’s estate and requesting 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. The assets pass to the surviving spouse because of the joint ownership. That being said, avoiding probate this way does not mean that your husband avoided his creditors.

That will depend on what her death certificate says. If the death certificate says her residence was Florida, then only the Surrogate in Florida will probate the will. Likewise, if the death certificate says her residence was Philadelphia, then only the Philadelphia Register of Wills will probate the will. If your mother was only visiting Philadelphia when she died, then she was still a Florida resident. If she had moved up here and then died, then she is Philadelphia resident.

From our “Ask a Question” mailbag: My father recently died a resident of Chester County, PA, but he owned a nice parcel of land in Susquehanna County, which has a Marcellus Shale gas lease. I found a buyer at a great price, as I am worried that the recent drop in oil prices could reduce the land’s value.

My brother was left out of the will, for very good reasons. He contacted the buyer and told him he plans to challenge the will. Now, the buyer might try to back out, as he doesn’t want to get stuck in litigation. My brother is full of bull: he never will challenge the will, as he knows it is bulletproof, but he knows he can draw this out and cause me trouble. What can I do?

Normally, your brother has one year from the date of the will’s filing to bring his Will Challenge. So, if you do nothing, then you just have to wait for the year to expire.

From our “Ask a Question” mailbag: My mother named me the Personal Representative of her estate. I am happy to serve, but I have a family and a job, so I just don’t have the time to do all the work. I want to hire an estate attorney to help me, but I am unclear as to how they are paid. Do I have to pay the attorney from my own money?

Every Personal Representative in New Jersey has the right to hire an attorney to assist them. These attorneys are paid out of the estate’s funds, not out of the Personal Representative’s pocket. An experienced probate lawyer will have a staff available to economically help you with the probate process, the sale of estate assets and protecting you from personal liability.

From our “Ask a Question” mailbag: My brother is the Personal Representative of our aunt’s estate. He took care of nearly everything, but is stumped by the tax returns. All he needs help with are the tax returns, can you assist him?

We are happy to help with as much or as little work as you need. The various New Jersey tax returns can be tricky, but my Probate department completes them regularly. We would be happy to help out by only assisting with those returns.