Legal Question in Wills and Trusts in Florida

Re: Father's will - stepmother is executor children are beneficiaries - stepmoth

In order to give you a good answer to your questions, any attorney would have to read the will and have a complete list of assets. Whatever state the will was probated in you should see an attorney in that state as soon as possible. Any fees would come out of the whole estate before distribution. If you want further help please call 973-808-2003.

Re: Father's will - stepmother is executor children are beneficiaries - stepmoth

As to NJ the quit claim deed is a deed that conveys title to another individual but makes no representation as to the quality of the title being conveyed. An individual can sue for their spousal interest referred to as the "elective share" in the state of New Jersey. Yes CDs are considered part of the estate. The fact that a person has a Florida will but "resided" in New Jersey at death is not definative; jurisdiction for tax purposes will be determined upon the evaluation of many issues which would determine residency, ie. where taxes are filed, what state was driver's license issued, credit cards, etc. The estate is responsible for the attorney fee's of the attorney that the executrix retains to represent the estate (which ultimately comes from the proceeds due to the beneficiaries). If you choose to retain separate counsel that would be your personal responsibility. As to Florida, I understand that a statute has been passed creating the "elective share" and this law will become effective October 2001

I can be reached at [email protected] or for more estate information see www.tarta.com

Re: Father's will - stepmother is executor children are beneficiaries - stepmoth

The factual situation seems complicated.

Was the will probated in NJ or FL? What is left (if anything) to your stepmother in your father's will or by joint ownership? This will affect what she receives as part of her spousal share (generally 1/3rd of the "augmented estate" under NJ law).

Under NJ law she must bring her case within 6 months of the appointment of the personal representitive. Has this time expired?

Because your father retained an interest in the CD until his death, it will be counted as part of his augmented estate, meaning your stepmother may have some interest in the CD.

A Quit Claim Deed conveys only that right, title and interest which the grantor (your stepmother) has in the property...it makes no representations as to the quality of the title given. Who did she deed the property to? If the quitclaim deed was used to make a gift, the property may not be counted as part of the augmented estate (reducing your stepmother's share) because she may be deemed to have consented to the transfer.

As for attorney's fees, these must be reasonable and will likly require the approval of the Court. Typically, reasonable legal fees of the executor and the beneficiaries are paid from the estate. Your stepmother should not use the estate attorneys to advanve her individual claims against the estate and may in fact have a conflict of interest (i.e. she would be suing the estate and acting as executor at the same time). Her lawyer would have a similar conflict problem.

I can be reached at 908-273-1212

Re: Father's will - stepmother is executor children are beneficiaries - stepmoth

Jonathan:

You need good local counsel immediately. If you are in Camden, Burlington or Gloucester County call me at 856 665-2121.

Ronald J. Cappuccio