Legal Question in Wills and Trusts in New Jersey

Re: No will

You need to get more information as soon as possible, starting with the decedent's name and address and date of death. You need to find out if there is a Will and if so, whether it has been probated and an executor appointed.

I would not sign any paper that the cousin wants you to sign (you don't have enough information at this point to know what you are signing). If there is no Will, someone will need to be appointed as administrator for the estate. You may want to have a say in who gets appointed, or perhaps you want to act as the administrator.

Re: No will

Your situation is unusual, because you have no information that would let you understand what is going on and make a careful decision. You need to know a lot more before you can decide what to do. I would be pleased to assist you; it would seem that all of the cousins are probably in the same situation, so you and your cousins could go together to an attorney, to have the attorney find out for you. That way you could split the cost among all of the cousins.

I urge you NOT to sign anything until you clearly know what is going on.

My office telephone is: 973-890-0400.

Re: No will

Both Bob and Jon are supplying basic information, but more information from you is necessary to properly advise you. When a person dies "intestate" (without a Will) state statutes of the state of domicile of the decedent control the disposition of that person's estate. Those entitled to a share of the estate are determined by state law, typically following a family tree picture. So, preliminary questions are who survived your cousin and what degree of relationship exists in the survivors. If there are no wife, children or parents (the first order of inheritance), were there living brothers or sisters (the second degree of inheritance)? if there were any surviving siblings, they inherit to the exclusion of cousins. Cousins only inherit if they are the closest surviving relatives. Presuming only cousins survived, all are entitled to take equally, and all are entitled to be appointed as the estate representative (although 11 make the appointment cumbersome. They could, as a group, agree to make one or more the representaive of the group (usually being ones who live closest to the state involved), and evidence this by "renouncing" their right to be appointed (by a document filed with the local Surrogate). Anyone appointed has a fiduciary duty to determine the assets comprising the estate, ascertain and pay all bills, outstanding debts, death taxes, if any (federal or state), etc. and to account to the remaining heirs. Bonding is usually required, which adds to the final costs. Administrators are allowed to charge a fee, also set by state statute, so this should be discussed in advance. Usually the Administrator acts through an attorney, who will also charge a fee. This should also be discussed. Probate costs and fees, commissions to the Administrator and to a broker selling the house, are all paid before an heir will get anything, and can quickly eat up the estate. You need to do some homework and, if the cousins are actually entitled to the estate, I suggest a committee be formed to act on behalf of all of you. Any further questions, contact me directly.