Legal Question in Wills and Trusts in New Jersey

Re: Estate Law

My condolences on the loss of your son. I imagine that this time is very difficult for you, even without having to take on the administration of his estate.

The answer to your question will depend to a large degree on what kind of business your son owned, and what provisions were included in the Operating Agreement of the LLC. If your son had employees in his business and operating expenses, someone will have to be empowered to continue to operate the business. If his business was more of a sole proprietorship/ service business, it will be important to see that pending matters/current clients are taken care of. Someone will have to wind up the business if it is not to be continued.

You did not state whether your son had children. If he had minor children, someone will have to be appointed guardian to represent the interests of those children in the estate.

The administration of your son's estate will undoubtedly involve tax issues, as well.

An experienced estate attorney should be able to address the issues necessary in the administration of your son's estate. I would not recommend your taking this on by yourself.

Re: Estate Law

It's hard to say how complicated your son's estate administration will be. That will depend in large part on the value of his estate [e.g. will estate tax returns need to be prepared]; and on the family relationships [e.g. does the family get along, or will they be fighting?].

As a general rule, NJ has a fairly simple probate process. You should contact an experienced estate attorney to help you. With an intestacy [no Will] situation, the first step is to have a family member named as the Administrator for the estate. This is done at the Surrogates Court in the county where your son lived.

My office is in Summit.