Legal Question in Wills and Trusts in New Jersey
Mother died, where do I start? What do I need
My mother has recently deceased and as one of 5 remaining children I am trying to settle her estate.
She moved back to NJ from Hi within weeks of her passing.
The most recent will (no known original) predates her move to Hi. and no current asset is listed.
Does this qualify as Intestacy?
How do I gather documentary evidence of her outstanding debts?
I am planning on going to the county surrogate tomorrow.
What documents (other than a death certificate) do I need?
Thx
1 Answer from Attorneys
Re: Mother died, where do I start? What do I need
If she has no current original Will, you can do one of 2 things: (1) Try to contact the attorney who drew the original (even if many years ago) to see if he has the original (many attorneys retain the original) or advertise to see if anyone has the original). (2) Qualify as Administrator of an intestate estate (person dying without a valid Will), which also involves your siblings, as everyone is equally entitled to be appointed. I suggest trying to find an original, as intestacy and administration requires bonding, even if the only heirs are children, unless the estate is under $10,000. It would be cheaper to advertise to see if there is an original. You can contact me directly for more assistance if you need it.
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