Legal Question in Wills and Trusts in New Jersey

Re: Inheritance tax

It's a possibility that no probate proceedings were ever instituted for your grandfather's Estate but you can find out for sure by simply calling the Surrogate's Office in the county he lived. If you give them the approximate date of his death they can tell you very quickly.

If there was no probate, certain steps will have to be taken now. If grandpa had a properly signed Will, the Executor named in it could offer that into probate. If no one named Executor is still alive, someone,- your mother would be first in line - would have to come forweard and be appoointed Adminsitrator who does the job of an Executor. The Will would say who got grandpa's property. If there was no will and he had no spouse, then your mother and your uncle would each take 50% unless at some point grandpa added him to the Deed to the house. You can find that out by going to the County "record room" which is usually in a Courthouse and the staff there will assist you.

If your uncle wasn't in title to the property and he had no Will then his Estate would go to his heirs but from your description it may well be that your mother is his sole heir so she ends up with everything granpa and your uncle had. If you inherited anything from your uncle you would be Class C beneficiaries but you may be jumping the gun because it may all belong to your Mom. If your Mom leaves you anything you would be Class A beneficiaries as to her bequest.

All of this is speculation of course and even when you do learn the facts you'll almost certainly need an attorney experienced in the administration of decedent's estates (a Probate lawyer) to help you file the correct papers in the right places. Believe me, if you think having a lawyer is expensive, just try to do this by yourself and see how much it costs when you have no choice but to pay one to fix all the problems.

Re: Inheritance tax

I agree with Dale. Where title is today depends upon whether or not your grandfather left a Will, or if his estate went through administration (probate where the is no Will). You need to start by inquiring what, if anything has happened in your grandfather's estate, through the Surrogate's office in the County where he lived at the time of his death. If there was a Will, you should get a copy (small charge by the Surrogate). The answer depends upon what you find happened. If there was no Will, the property would have been inherited by both your mother and uncle as the only heirs, in equal shares. It is also possible there was a Will and the house was left to your uncle. What does your mother remember happened? In either case, your mother is entitled to inherit from her brother, if she is the closest living relative. Depending what you find at the Surrogate's office, is what needs to be done now. From what you state, your mother is no longer alive as well? If this is so, did she survive your grandfather? If she is alive, she must handle both estates and, if not, the nieces and nephews, presuming they are the closest living relatives would have to do this. Depending on the facts discovered and the answers to my questions, you may be Class A heirs of your mother (if she is no longer living) and Class C heirs of your uncle. There are many questions, including possible inheritance taxes on 2 estates. I suggest you do the research at the Surrogate's office first, then get death certificates of everyone who might have had an interest in the property (this would be your grandfather, mother and uncle) and then contact an estate attorney, like myself, so you can be properly assisted in what needs to be done. Check the status and if you need help, contact me directly.

Re: Inheritance tax

There is a lot here that ought not to be discussed on the Internet not because you have or will do anything wrong, but because protection of your rights requires a discussion of legal strategy that is best not shared with others. If you want to discuss the matter further, my contact information is attached to this reply.