How Can the Administrator Verify That the Payment Fully Satisfied the Outstanding Vehicle Loan Under NJ Law?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Detailed Answer Under New Jersey law, an administrator—whether handling an estate, trust or corporate transaction—must confirm that a vehicle loan is fully paid before transferring or releasing the title. Follow these steps to verify full satisfaction of the outstanding loan: Obtain […]
Read article →How does an incomplete or missing marriage certificate affect a surviving spouse’s allowance claim in New Jersey?
Surviving Spouse Allowance and Missing Marriage Certificate in New Jersey Disclaimer: This article provides general information only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation. Detailed Answer In New Jersey, a surviving spouse can claim a family allowance from the decedent’s estate under N.J.S.A. 3B:19-1. This allowance—currently […]
Read article →How Can a Client Obtain Appointment as Administrator Over a Higher-Priority Heir in NJ?
Disclaimer: This information is for educational purposes only and does not constitute legal advice. Detailed Answer Under New Jersey law, a probate court appoints an administrator of an intestate estate according to a strict order of priority. N.J.S.A. 3B:6-3 establishes that the surviving spouse has first right, followed by children, issue of deceased children, parents, […]
Read article →How can a guardian or guardian ad litem be appointed to manage a minor’s interest in an estate in New Jersey?
Detailed Answer When a minor stands to inherit or has an interest in a decedent’s estate in New Jersey, the Surrogate’s Court must appoint a guardian to manage those assets until the minor reaches age 18. This process safeguards the minor’s inheritance under N.J.S.A. 3B:8-31 et seq. 1. Petition for Appointment of a Guardian of […]
Read article →What steps protect a minor’s inheritance when the decedent did not leave a will in NJ?
Detailed Answer When someone dies intestate (without a valid will) in New Jersey, their assets pass under the state’s intestacy rules. If a minor (under 18) is an heir, New Jersey law uses several mechanisms to protect that inheritance until the child reaches the age of majority or another court-approved age. 1. Intestacy Distribution Under […]
Read article →What mechanisms ensure the administrator complies with estate duties and bond requirements in NJ?
Detailed Answer In New Jersey, the Surrogate’s Court employs multiple safeguards to ensure an estate administrator fulfills fiduciary duties and meets bond obligations. These mechanisms protect beneficiaries, creditors and the estate itself. 1. Bond Requirement and Surety Liability When the court issues letters of administration, it generally requires the administrator to post a fiduciary bond […]
Read article →Can a Personal Representative Seek a Commission on Estate Assets and Sale Proceeds in NJ?
Detailed Answer Under New Jersey law, a personal representative (formerly called an executor or administrator) may receive a statutory commission on estate assets and sale proceeds. These commissions compensate the personal representative for managing estate affairs, including collecting assets, paying debts, and distributing property to beneficiaries. Commission rates and procedures are set by statute. Key […]
Read article →What steps are required to locate, inventory, and distribute estate assets and settle debts in New Jersey?
Steps to Locate, Inventory, Distribute Estate Assets and Settle Debts in New Jersey Detailed Answer 1. Open the Estate with the Surrogate’s Court File a probate or administration petition in the county Surrogate’s Court where the decedent lived. Submit the original will (if any) and a death certificate. The court issues letters testamentary (if there’s […]
Read article →Which court or county office handles estate administration and unclaimed property claims in New Jersey?
Detailed Answer In New Jersey, different offices handle estate administration and unclaimed property claims. Understanding which office to approach streamlines the process and helps you comply with state requirements. Estate Administration The County Surrogate Office oversees probate and estate matters. Each of New Jerseys 21 counties elects a Surrogate who handles: Probate of wills and […]
Read article →What steps are required to open an estate proceeding when no probate case exists in New Jersey?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney in your county for guidance. Detailed Answer Under New Jersey law, you open an estate proceeding in the county Surrogate’s Court where the decedent last resided. The process varies slightly if the decedent left a will or […]
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