Legal Question in Wills and Trusts in New Jersey

My uncle was left mentally incapacitated by service in the Army in World War II. He spent most of his life since then in a VA hospital in New Jersey. He died this past week intestate. His only heirs are: His sister, my aunt, who lives in Md. with one of her sons; her second son, who lives in NJ; myself and my brother, who both live in NJ, and two nieces, who both live in NJ. I understand there is a Social Security account and some type of VA compensation account. How do we go about establishing an administrator for his estate and finding out how much is left in his accounts?


Asked on 3/17/10, 7:45 am

2 Answers from Attorneys

Rosemary Simon Hoyle Law, LLC

You should contact the Surrogate of the County where your uncle lived. The Surrogate can answer your initial questions concerning applying for Administrator of your uncle's estate. Generally, your aunt is the first person privy to seek the appointment of Administrator, however she (and your cousins) can renouce in favor of you.

Good luck.

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Answered on 3/22/10, 8:25 am
Walter LeVine Walter D. LeVine, Esq.

While I agree with the above response, the closest living relative, who appears to be his sister, i9s usually first in line to be appointed administrator. She can resnounce in favor of other people, who would seem to be her sons and the nieces and nephews. You all can decide who among you will qualify and that person can make the inquiriies and be the contact person for the family. You all have a share of the intestate estate, but to differing portions. The Surrogate can assist you. .

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Answered on 3/22/10, 10:07 am


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