Martin L Bearg
Martin L Bearg, Estate Planning Attorney - Livingston, NJ
Posted over 4 years ago.

I had the very situation several years ago of which Mr. Frederick speaks. A very fancy will not worth the paper it was written on (I did not draft it) as everything was owned jointly. IF this is a second marriage, theen the issue of how gets what may be a critical issue, but as noted yesterday or several days ago, a will need not be probated, and cannot be probated for 10 days following the date of death. This is not "stalling," it is the law. Second, there is no time frame, other than having someone appointed executor to pay bills, in which a will must be probated.

Martin L Bearg
Martin L Bearg, Estate Planning Attorney - Livingston, NJ
Posted over 4 years ago.

I apologize, my last statementt is not exactlly correct. IF assets exceed $675,000, a NJ Estate Tax Return must be filed within 9 months of the date of death, which must be signed by the executor. If all assets go to the Class A beneficiaries (spouse, children and/or grandchildren, there is no NJ Inheritance Tax. If H died in 2012, there is no need to file a Federal Estate Tax Return if the estate is less than $5.12 million.