What steps are required to file probate court documents and publish creditor notices in New Jersey?
Disclaimer: This article is for informational purposes and does not constitute legal advice. Detailed Answer Probate in New Jersey begins when a personal representative files a probate petition in the Surrogate’s Court of the county where the decedent lived. You must file the original will (if one exists), a certified death certificate, and a completed […]
Read article →How to Determine if a Transferred Vehicle Must Be Treated as Estate Property in NJ
Detailed Answer When an individual dies owning a motor vehicle in New Jersey, determining if the vehicle must be treated as estate property depends on how the title is held and any pre-death transfers. 1. Sole Ownership and Probate Assets Under N.J.S.A. 39:3-4, a vehicle titled only in the decedent’s name becomes part of the […]
Read article →How to Determine the Proper Venue for Opening or Transferring a Decedent’s Estate in NJ
Understanding Venue in New Jersey Probate Proceedings Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance tailored to your situation. 1. What Is Venue and Why It Matters Venue refers to the county where you file a petition to open or transfer a decedent’s […]
Read article →Should an executor confirm available estate funds before settling a creditor claim in New Jersey?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Detailed Answer As the executor (personal representative) of a New Jersey estate, you owe fiduciary duties to creditors and beneficiaries. Before you approve or pay any creditor claim, you must confirm that the estate has sufficient liquid funds to cover the […]
Read article →What steps should be taken to negotiate and settle a creditor claim during probate in New Jersey?
Disclaimer: This article provides general information about New Jersey probate and creditor claims. It does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation. Detailed Answer During probate in New Jersey, you must address creditor claims before distributing estate assets. Follow these steps to negotiate and settle claims effectively and […]
Read article →What Documentation Should an Executor Gather to Respond to a Creditor’s Settlement Demand in New Jersey?
Executor Documentation for Creditor Settlement Demands in New Jersey Disclaimer: This article provides general information and does not offer legal advice. For guidance specific to your situation, consult a licensed New Jersey attorney. Detailed Answer When an executor receives a creditor’s settlement demand, New Jersey law requires careful documentation to verify the claim and protect […]
Read article →How Can an Executor Challenge a Creditor Claim on Predatory Lending Grounds for an Elderly Decedent in New Jersey?
Challenging a Creditor Claim on Predatory Lending Grounds in New Jersey Disclaimer: This article is for educational purposes only and does not constitute legal advice. Understanding Creditor Claims Under New Jersey Law In New Jersey, creditors must present verified claims against an estate within the time set by the Surrogate’s Court, typically nine months after […]
Read article →How to Access and Withdraw Money from a Deceased Person's Bank Account During Probate in NJ
Detailed Answer Under New Jersey law, bank accounts owned by a decedent typically become part of the probate estate. To access and withdraw those funds, an executor (if there’s a valid will) or an administrator (if there’s no will) must qualify in Surrogate’s Court by obtaining Letters Testamentary or Letters of Administration (N.J.S.A. 3B:12-13). These […]
Read article →What Factors Determine the Total Cost of Administering an Estate in New Jersey?
Detailed Answer Disclaimer: This article provides general information only and does not constitute legal advice. Always consult a qualified attorney for advice about your specific situation. When a person passes away, their estate—comprising real property, personal belongings, bank accounts and investments—must go through probate or administration. Various elements influence the overall cost of this process […]
Read article →What steps are needed to seek guardianship or conservatorship for an incapacitated relative in New Jersey?
Detailed Answer Step 1: Determine the Appropriate Proceeding In New Jersey, you can seek guardianship to make personal and health‐care decisions for an incapacitated adult, or conservatorship to manage their financial affairs. See N.J. Stat. § 3B:12-1 et seq. for guardianship (link) and N.J. Stat. § 3B:17-1 et seq. for conservatorship (link). Step 2: Consult […]
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