Legal Question in Wills and Trusts in New Jersey

Re: My Aunt died in New Jersey with no will.

Your aunt's estate must be administered through the office of the Surrogate in the County where she resided. Your father may want to consult with an estates lawyer in or near that County.

Although the daughter was estranged, she is the heir of your aunt and must receive notice of the estate.

If your father was Aunt's brother, he may go to the Surrogate's office, where he will receive instructions about opening the estate and administering it. This includes paying debts, taxes [inheritance, income, federal estate if applicable], before any assets in the estate are retitled or distributed to the heirs.

The apartment really should be inventoried before it is cleaned out. Items may be disposed of only after determining if they have value and should be sold to pay debts or distributed to heirs.

My NJ Office is in Collingswood [Camden County.

Re: My Aunt died in New Jersey with no will.

I disagree with Miriam that your father is eligible to qualify as Administrator, since your aunt left a daughter. Presuming she had no husband surviving her, to whom she was married at her date of death, the daughter is the closest living relative and is eligible to be appointed first. She can, for convenience, renounce this in favor of your father. In either event (she or your father qualifies), the Administrator is responsible to handle the estate, pay all bills, close out the apartment, and account to the legal heir for the estate. The Power of Attorney became null and void with the passing of your aunt, so it no longer has any validity. Depending upon the size of the estate, there will probably be a bond required and these costs, plus the probate costs, are deductible in calculating the net estate. Final tax returns need to be filed and, depending upon the size of the estate, possible inheritamce taxes may be due. If you need help, contact me directly.