Edward Joseph Smeltzer II's Answers

If my mother wishes to leave me her house in Florida, how do we go about it so that it can not be contested?

Unfortunately, there is nothing you can do to prevent your siblings from contesting the will or alleging that your mother is incompetent. At this point its all about limiting the chance that they are successful in such actions. To do this you must work with a knowledgeable planner in Florida to implement a comprehensive plan for your mother. Ideally you would work with someone who also does probate litigation so they are familiar with the local probate court and what the judge looks for in...

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I am an executor of a will. When do I disburse funds to beneficiaries. The house is not sold and there is a loan and utilities

All of these questions (and many you've failed to ask) are precisely why any Executor is well advised to retain counsel to help guide them through an estate administration. The fees you incur are estate expenses and come out of the estate but if you mess something up as Executor the liability can run to you personally. I'll never understand why any Executor (other than an Executor who is the sole beneficiary) would even consider trying to handle an administration without competent legal...

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Exhusband died, no children , we were close til death. will from before divorce never changed. is it still valid?

While the will is still valid all provisions for you were revoked by your divorce. The will must be read as if you predeceased him. Ed Smeltzer

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What should I do. In my mother's recent death she named me executor of her will & one of my sister co-excecutor.

To further Mr. Frederick's idea, are there any other assets in the estate that could be allocated to your sister in satisfaction of her share of the estate? This can often help resolve such differences without all of the formalities associated with a sale. Best of luck. Ed Smeltzer

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Notice To Creditors. There are two large debts on the estate I am an executor for. Payments are being made.

Notice to Creditors was dispensed with by a law change in 2005 and a corresponding change to the rules of Court in 2006 although it may still be that some counties allow for such a publication. Under current NJ law a creditor that does not present its claim within nine months of the date of death cannot go against an Executor who makes distribution prior to receiving notice of the debt; however this protection of the Executor does not protect the estate (if the funds remain in the estate...

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How can I find out about my deceased Mom's will/probate?

Your first step should be to visit the Surrogate's office for the county in which your mother lived to determine if any proceeding was commenced. A review of the probate file, if any, may answer most of your questions. Beyond that you'll likely need an attorney either to fight what has already been done or to start a probate if one was never opened. Keep in mind that nursing care is extremely expensive, typically upwards of 10,000 per month so unless your mother had assets in excess of $600,...

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Do Letters Testamentary supercede a bank's "line of succession?"

In answer to your baseline question, the bank is correct. If there contractual agreement with your father specified that in the absence of his signing a beneficiary designation the account would be distributed in accord with the contractual line of succession then than contract stands in as a beneficiary designation and the proceeds never reach the probate estate and therefor are not impacted by the terms of the Will. You should inquire with the bank who would take under the "line of...

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I was POD on my father's life insurance. Can I deposit this money into the now-established Estate Account to share with sister?

If you have already filed the claim for the insurance and received the money then the entire amount is yours and if you now place those funds into the estate account you will be making a gift to the other beneficiaries in proportion to their shares of the estate. If you and your sister are equal beneficiaries you would be making a gift of 1/2 the amount so placed in the estate account. Furthermore since your sister would not have an immediate right to enjoy the funds your gift would not...

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In the state of nj when a spouse dies and has property does the property go to the living spouse if they are married?

The disposition of the property on the death of one of the spouses depends on a number of factors: First you must look at the deed to the property, if the deed is between Joe and Jane husband and wife and does not specifically say as "tenants in common" then they owned it as tenants by the entirety and the survivor takes the whole property. If the property was solely owned by the now deceased spouse or was held as tenant in common, then the deceased spouse's interest in the property will...

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Wills

You need to hire an attorney to bring an action to compel the probate of the will. Ed Smeltzer

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