Legal Question in Wills and Trusts in New Jersey
my husband died without a will, we have 2 sons 21 & 15, both living at home. He had no siblings, his mother is still alive and his father is still alive with a step mother. the house is in both our names. He had an IRA in his name with me as beneficiary. 2 cars in his name both 8-10 years old. all bank accounts in his name were closed before. will there need to be letters sent to parents ( we get along fine) to renouncetheir right to administer or does everything go to me cause I'm his wife? He was also an artist with alot of work in our studio, does this need to be part of his estate or is it like the contents of the house. I need my cars transfered asap cause I need to drive and nothing is registered in my name, and the one that is drivable is expired in may when he was very ill.
3 Answers from Attorneys
You really need to get a lawyer on this and get the needed paperwork filed with the Court. The administrator should be you, I think, and you need to get this moving so you can drive!
Give me a call, make an appointment to come see me, and I will go over this with you, and give you some advice.
Robert Davies, Esq. 201-820-3460
My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.
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Many of your questions can be answered by the Surrogate's office in the County you reside. Good luck.
Most of your question can be answered by going to the County Surrogate (Probate) Court in the county you live in. You will need an original death certificate. A copy of your marriage certificate would help and the birth certificates and social securiy numbers for your children. You should then be appointed Administrator of his estate. It sounds like the estate consists of the two cars and his paintings. Any property or bank accounts in both your names will go directly to you and are not part of the estate. However, if the total is more than $675,000 you may have to file an estate tax return. If they have any value, they will need to be appraised so you can then sell them. If you do not plan on selling any of them then you do not need to appraise them. As to the cars you will need the Administrators certificate to transfer them to you. Make sure they are insured. You do not have to notify you in-laws. If you need further legal help please call me.
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