The Time and Expense of Having No Will
People will sometimes ask me why they need a will if they don’t have any probate assets.  This might be because they believe everything is owned jointly with right of survivorship or because they own nothing.  It usually turns out, however, that they do own something.  It might be a car that is
Real Estate Tax Problem – Part 3
In this third post of three, I go back to the problem caused by the death of an owner of real estate and the subsequent deaths of the next two people who were to inherit that property. As I explained last week, A died in 1994 and her interest in
Real Estate Sale After Death (Part 2)
In my blog post last week, I told you about a number of cases in our office in which we were contacted to help with a real estate closing that was delayed at the last minute.   Shortly before the closing it was discovered that the person who signed the real estate
Unintended Consequences – Part 2
In my post last week, I started to tell you about an interesting estate administration case involving an heir who had legally adopted the decedent a number of years before the decedent died. This was an adult adoption in which the adopted parent was only 10 years older than the adopted
The Executor who is Neither a Resident nor a Citizen (Part 2)
My post last week was about a call we received from someone named as executor in a sibling’s will.  While the decedent was a New Jersey resident and U.S. citizen, the executor was not.  As I explained last week, there is no New Jersey statute or rule requiring it, however, there are
The Executor Who is Neither a Resident Nor a Citizen (Part 1)
We received a call the other day regarding an estate administration matter.  A New Jersey resident died leaving a home and other assets in her name.  She named her her sibling as the sole heir as well as her executor.  Sounded pretty straight forward.   An inheritance tax return would need to be filed
A Mysterious Disappearance – Part 2
In last week’s post I told you about Joe’s call concerning the disappearance of his brother Jim while on a trip to South America. The fishing boat he was on came back without him but his body has not been recovered. While the loss and uncertainty obviously is causing much pain for
A Mysterious Disappearance – Part 1
We recently received a call from Joe. He said his brother, Jim, who lives in New Jersey with his family, went to South America on a fishing trip. When the boat returned to shore Jim was nowhere to be found and the crew had no answers as to what happened to him. It
Why and When a Surety Bond is Necessary – Part 3
In this third post of three I once again discuss surety bonds.  Last week I explained the types of situations where a court would require one.  The cost of a bond is the premium - an annual fee that must be paid each year the bond remains in place. How long is that
Why and When a Surety Bond is Necessary – Part 2
Why and When a Surety Bond is Necessary In last week’s blog post I explained what a surety bond is and why, in a general sense, it is required by courts. This week I will cover situations in which a court would or might require one. Typically, when someone dies leaving a will