Q: Can I challenge a probate after it is completed?
A:
Yes. New Jersey Court rules set forth the time frame in which an application can be made to set aside a probate. It is 4 months from the date of probate if you live in the State of New Jersey and 6 months if you live out of the State of New Jersey.
Q: Is an attorney needed to prepare a Will or represent an Estate?
A:
No. It is however strongly suggested that you seek the services of an attorney to prepare your Will to avoid defects that can cause more problems than the initial cost of having a Will drafted.
Q: How can the probate process be stopped in the Surrogate’s office?
A:
By filing a caveat before the probate is begun or completed that will restrict or prohibit the Surrogate from taking any other action on the probate. To proceed, the process would have to be taken to Superior Court by Verified Complaint and Order to Show Cause for a hearing and determination.
Q: Can children, spouse or other family be disinherited under my Will?
A:
Yes; however, a surviving spouse may be able to file an elective share against the Estate and a child that shows good cause may also seek to recover a share of the Estate.
Q: Will unpaid inheritance taxes become a lien on real and personal property?
A:
Yes. Tax waivers will be necessary from the New Jersey Inheritance Tax Bureau to sell real estate. Waivers are filed with the County Clerk in the County where the land is located. Land held by husband and wife as tenants by the entirely need not report and may be transferred without a waiver. Personal property like bank accounts that do not meet affidavit of waiver or L-8 formula will not be fully released until the appropriate waivers are received.
Pat Lepore
Director
Bruce James
Deputy Director
(973)881-4402
