Legal Question in Wills and Trusts in New Jersey

Deceased son

our son was deceased april 29 2000, he received a ck. a co. for interest on stock in oct. 8, 2002. along with a form 1099-b. he had 7 shares in co. for 74.00 a share. we didnot sell the shares...but would like to. my question is can we cash his ck. for the interest, and sell his shares of stock..we are his heirs. thank you, ohh i forgot the program ended jan. 31 2003..


Asked on 2/05/03, 2:00 pm

2 Answers from Attorneys

Benjamin Laves Benjamin S. Laves, Esq.

Re: Deceased son

It is not clear whether your son died testate (with a will) or intestate. If Testate then the executor has the authority to act. If Intestae, then someone would have to be appointed Administrator by the Surrogate's Court in order to act. The civil servants employed by the Surrogate's office in the county where the decedent lived will be very helpful with the process. I suggest you make an effort to see them at your earliest opportunity. This is an inexpensive procedure in NJ so the size of the estate should not deter nor delay you.

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Answered on 2/05/03, 2:35 pm
Walter LeVine Walter D. LeVine, Esq.

Re: Deceased son

IF YOUR SON DIED WITH A WILL, HIS EXECUTOR HAS THE AUTHORITY TO DEPOSIT THE CHECK AND SELL THE STOCK. IF NOT, AS HIS SURVIVING PARENTS (ASSUMING NO SPOUSE OR CHILDREN) YOU ARE HIS HEIRS. A SIMPLE, SMALL ESTATE PROBATE IS REQUIRED TO BE APPOINTED AS ADMINISTRATORS TO HANDLE THE CHECK CASHING AND SALE OF THE STOCK. YOU QUALIFY AT THE LOCAL SURROGATE'S OFFICE, FOR AN ESTATE UNDER $10,000. A SMALL FEE WILL BE CHARGED TO GET YOU THE CERTIFICATE YOU WILL NEED TO SELL THE STOCK AND CASH THE CHECK.

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Answered on 2/05/03, 4:21 pm


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