Robert Ian Aufseeser's Answers

Probate procedures under NJ probate law, are all beneficiaries required to be provided notice of probate and Will

All beneficiaries are required to be provided notice of probate. In NJ, the executor has 60 days from the time of probate to provide this notice. The executor does not need to mail a copy of the Will but the executor has to make the Will available upon request. Failure to provide such notice may be grounds to remove that executor; you should seek independent counsel to review the matter further.

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In the state of NJ, when an attorney draws up a will, does he have to file a copy with the courts before the death of the maker?

No, he doesn't. Few attorneys would file a copy with the surrogate. Depending on family circumstances, you could go to court to seek guardianship directly. Though that has nothing to do with any Will your father drafted. Also you may be confusing executor and power of attorney. A power of attorney gives an agent authority to act while he person is still alive.

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Me & my sister was not yet adopted when my mom made her will. When she passed we were adopted for 12 yrs+. What are our rights?

Generally, a child adopted after a will is executed has certain rights to a portion of the estate. These rights usually have to be enforced in Court. For more information please contact me directly.

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If I work Holidays and my boss pays me $50.00 extra including my 45 hr. work week and tax that, is that legal?

Any income you receive from your employer is subject to income tax. It sounds more as if you feel you're working beyond what you had agreed to. I would speak with your employer directly and keep the matter professional. If the answer you receive doesn't satisfy you, then go speak with an employment attorney about the particulars of your case.

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Is the executor under any obligation to provide a copy of the will to the deceased person's son if the Father disinherited son?

You are. Also, the probated Will is a public document that can be reviewed by anyone at the surrogate court where the Will was probated.

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In NJ doves my husband have the right to see all pages of his mother's will if she specifically omitted him from the will?

Yes, as a person who would take under the laws of intestate succession, such as your husband, has a legal right to review the entire Will.

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Refunding Bond and Release by Executor who is also a Beneficiary

It's generally a good idea to file the release for yourself as well. Remember, in most cases a release is the only indication filed that you received your proper share of the estate. Also, if a creditor issue should arise, there would be proof that your exposure for reimbursement would be limited to the amount listed on the Release & Refunding Bond.

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My sister was the executrix and not in the will. she kept all proceeds of my aunts estate. I was a beneficiary. what do i do

In NJ, once an executor receives letters testamentary from the surrogate (the document authorizing them to act as executor), that executor may not appoint their duties to another without court approval. Also, each beneficiary has the right to demand that the executor formally account for their actions. A formal accounting is done with court supervision. The court takes a fiduciary's duty very seriously and if it finds that the fiduciary violated her duty to the beneficiaries of the...

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Must a will be probated in New Jersey

New Jersey does not mandate the surviving spouse to probate with the children present. New Jersey does require that notice of the probate be sent to all beneficiaries of the Will and those who would take under intestacy (if no Will was in place). Those individuals will have the right to obtain copies of the Will for their own review. In your situation, if all of the decedent's children are also your children, they would not be entitled to take under intestacy and therefore, no notice...

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What's the legal progression for estate royalties if initial sibling recipient dies without designating next entitlement order?

The answer may well depend on when your grandmothers sibling died. If he died before your grandmother, the terms of your grandmothers will would control (or the laws of intestate succession). If however she predeceased him, then his interest may well have vested to be distributed to his heirs.

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