Runnemede, NJ Estate Planning Law Firms & Lawyers

There is no estate tax between husband and wife so no estate tax return would have to be filed.  I'm not sure why you are concerned about who gets what share if both spouses are dead.  Were the wills of each person different?  Is the disposition different?  Or is the concern did the whole house pass to the surviving spouse, and then the surviving spouse's will governs what happens to the house?  If you have more information, please feel free to call.  

The first question to ask is whether or not she was entitled to this check from disability.  By this I mean, was she receiving monthly payments and this is another monthly payment?  And you are sure that disability is not going to say "Sorry - the check was sent in error before we knew she passed - pay it back?"  Becuase that happens sometimes.  Social Security and pension checks often arrived after the person has passed, and then are cashed or deposited, but then need to be paid back.  If the check you are talking about is not a monthly check, but is instead sometype of death benefit, then you will need to become the administrator of her estate.  Go to the surrogate's office of the county in which you live. The clerks there will be able to help you.  If you are in Monmouth or Ocean Counties and need further assistance, please feel free to call. 

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.