Legal Question in Wills and Trusts in New Jersey

Re: taking charge

This sounds like some real problems...

First off, a person is living in a condo that isn't theirs. How is the Deed titled? Who is paying the condo fees, utilities, maintenance? Is there a Mortgage? What types of valuables were left there?

Secondly, who has the Will? What "debt" was there? What other assets were there, like retirement savings, bank accounts, jewelry, etc?

I'd like to help, but I'll need some answers. My fees are very reasonable. Feel free to write back or call my office direct to discuss the situation. I practice in both NJ and PA.

Mike Berman

Re: taking charge

If there is a will, you may compel its production. Call the surrogate of the County where your sister resided at the time of her death.

If the nephews are your sister's children, they are your sister's sole legal heirs, and as such, have an interest in the condo that she owned.

If the will named other beneficiaries, those people are also entitled to know what their rights are. If the estate is insolvent, as your brother-in-law claims, there may not be sufficient assets after paying priority debts, for them to receive their bequests.

If you have any records going back to 2001 that show how you and your sister divided your parents' personal property, you should be entitled to have those items restored to you. Those items are your property, and not part of your sister's estate.

The estate has the right to eject her boyfriend who is living in the condo. His paying the utilities does not make him an owner or a tenant.

The condo may have to be sold to pay off your sister's debts. One of the first debts to be paid would be the amount that you advanced to pay for her cremation and related expenses. Also, inheritance tax and her income taxes are "priority" debts.

If your nephews are minors and your former brother-in-law is their parent and guardian, he should have been looking into this more formally than just making a decision that the estate did not require administration.

It sounds as if your and/or your nephews should consult with an estates lawyer in the County where your sister resided.