Legal Question in Wills and Trusts in New Jersey

My husband is the 3rd child in his family. He has recently learned that his mother (deceased)has a CD that has matured, his brother wants him to sign an affidavit before he releasemy husband's portion of the money. His brother states that the funds would be made in 3 installments. However, my husband doesn't know the total amount of the CD. There is also questions about property involved through his fahter and mother( both deceased) that was left to the 3 siblings in N.C. the brother and sister knew about these 2 different properties but have not included my husband on any information. No one is talking with each other and informing my husband insuffiecent and different information. During these hard economic times we are unable to obtain a lawyer. The brother and sister do not want to go through probate. Any advice on how my husband should handel this problem and to make sure that he is getting his fair share of his parents estates? He also doesn't have a copy of his parents/mother's will. Please advise.


Asked on 12/13/09, 10:57 am

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

There could be Administration if there was no Will, but normal Will probate is less expensive. Does someone have the original Will? Who is designated the Executor? Failure to do the probate or account to heirs by the Executor could lead to having the Executor replaced. More information is required, but it appears someone is not acting properly or providing all required information. If the children were named on the C/D a Will probate is not required. Is the Form a self-proving affidavit going to the bank, verifying that the children are entitled to the C/D proceeds and that no NJ death taxes are due by the estate. Also, since property is out of State (NC), some form of probate proceeding is required there also, unless the children were named in the Deed. While times may be tough, your questions sound like you do need an estate attorney..

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Answered on 12/18/09, 3:06 pm


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