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AV Preeminent Peer Rated Attorneys
Ocean County Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Ocean County Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).
  • 3-B Buckingham Drive, Manchester, NJ 08759

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  • 1953 Route 35N (Ortley Beach), Toms River, NJ 08751

  • 1200 Rte. 72 W., Manahawkin, NJ 08050

  • 949 W. Lacey Rd., 2nd Fl., Forked River, NJ 08731

  • 9 Robbins Street, Toms River, NJ 08753

  • 110-A Commons Way, Toms River, NJ 08754

  • 74 Brick Blvd., Ste. 112, Brick, NJ 08723

  • 369 N. Main St., Barnegat, NJ 08005

  • 149 East Bay Ave., Manahawkin, NJ 08050

  • 1200 State Hwy. 9, Lakewood, NJ 08701

  • 25 S. Shore Dr., Toms River, NJ 08753

  • 182 N. Main Street, Manahawkin, NJ 08050

  • 304 N. Long Beach Blvd., Surf City, NJ 08008

  • 2119 Long Beach Blvd., Ship Bottom, NJ 08008

  • 249 Brick Blvd., Brick, NJ 08723

  • 50 Hadley Ave., Toms River, NJ 08753-7522

  • 776 Commons Way bldg. J, Toms River, NJ 08755

  • 2002 Route 70, Ste. 2, Manchester, NJ 08759-4630

  • 204 Court House Lane, Toms River, NJ 08754

  • 40 Bey Lea Rd., Ste. C204, Toms River, NJ 08753-7661

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Commonly Asked Estate Planning Questions From Users Near You

This information is not legal advice and is not guaranteed to be correct, complete or up-to-date. It is provided for general informational purposes only. If you need legal advice you should consult a licensed attorney in your area.

My mother owns a home which in the will states all assests divided equally between brother and myself 50/50 when she passes on. I live with her

Answered by attorney Diana L. Anderson
Estate Planning lawyer at Diana L. Anderson
I'm not sure if you are asking if you have to pay all of the taxes when your mom dies, or now.  When your mom dies the Estate will be responsible for paying taxes on the house until it is transferred into you name and your brother's name.  The Estate will consist of all of your mother's assets, other than the house, and the money that is in the estate will be used to pay all of her last bills, and costs associated with administration, etc.  One thing you should keep in mind, if you live with your mother, and she ever needs to go into a nursing home, the house is an exempt asset and can be transferred directly to you.
I'm not sure if you are asking if you have to pay all of the taxes when your mom dies, or now.  When your mom dies the Estate will be responsible for paying taxes on the house until it is transferred into you name and your brother's name.  The Estate will consist of all of your mother's assets, other than the house, and the money that is in the estate will be used to pay all of her last bills, and costs associated with administration, etc.  One thing you should keep in mind, if you live with your mother, and she ever needs to go into a nursing home, the house is an exempt asset and can be transferred directly to you.
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Do I need to go through probate?

Answered by attorney Diana L. Anderson
Estate Planning lawyer at Diana L. Anderson
The reason you will have to go to probate is to be able to deal with her assets, even though the assets have very little value.  The way that you will get the authority to do this is by probating her will.  Probate is VERY easy and will cost probably no more that $200.  You will then be given letters testamentary which will be evidence that you are the person who has been given the authority.  Having those letters will allow you to sell the car, and dispose of everything.  Because there is no beneficiary named on the life insurance policy, that police will be made payable to the estate, and you will be responsible for distributing the proceeds the way your grandmother wanted.  After probate, reimburse yourself for any costs, pay her last debts, open an estate account at a bank, deposit the proceeds of the life insurance and what ever you get for the sale of the car, and then distribute everything to the people named in the will. 
The reason you will have to go to probate is to be able to deal with her assets, even though the assets have very little value.  The way that you will get the authority to do this is by probating her will.  Probate is VERY easy and will cost probably no more that $200.  You will then be given letters testamentary which will be evidence that you are the person who has been given the authority.  Having those letters will allow you to sell the car, and dispose of everything.  Because there is no beneficiary named on the life insurance policy, that police will be made payable to the estate, and you will be responsible for distributing the proceeds the way your grandmother wanted.  After probate, reimburse yourself for any costs, pay her last debts, open an estate account at a bank, deposit the proceeds of the life insurance and what ever you get for the sale of the car, and then distribute everything to the people named in the will. 
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My firends husband died recently and she has found out that he owes over $600,000 to various companies. For example, he had brorowed $ 10,000 from

Answered by attorney William R. Pelger
Estate Planning lawyer at Pelger Law
She should hire a NJ estate lawyer. No, she should not be liable unless she co-signed. An estate may need to be opened. If there are insufficient assets of the husband to pay the debts, the court will discharge the claims. 
She should hire a NJ estate lawyer. No, she should not be liable unless she co-signed. An estate may need to be opened. If there are insufficient assets of the husband to pay the debts, the court will discharge the claims. 
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