Legal Question in Wills and Trusts in New Jersey

If you die out of the state you lived in and have been jailed in another state and have no will, does your family have to file to be administrator in the state you were jailed?


Asked on 2/10/13, 5:53 am

2 Answers from Attorneys

Thomas Whelihan Whelihan Law Firm LLC

Generally, the family member should file in the state and county of the decedent's "domicile" at the time of death. It is often the death certificate which is viewed as determinative of the state and county of domicile, as one of the critical elements of the death certificate is the state and county of residence. Look to the established legal residence of the decedent and the place where decedent intended to return to live versus where the decedent happened to die.

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Answered on 2/10/13, 7:01 am
Walter LeVine Walter D. LeVine, Esq.

I agree with Tom - there is a difference between "domicile" and "residence", Domicile is where one considers his/her permanent residence to be, as represented by such criteria as where the person is registered to vote, files tax returns, has a car registered, etc. Problem here is the death certiciate may state the current residence, which may not be the domicile. Administration may be initiated in one state (domicile) but may require something be done in another state as well (where certain assets, other than bank accounts, are located

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Answered on 2/10/13, 6:14 pm


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