Legal Question in Wills and Trusts in New Jersey

Re: wills

You need to look in the common places people keep important documents...

where did she keep stock certificates, bank books, tax records, the deed to her house, her passport

safe deposit box

File cabinet

Night Table

Book Shelf

Re: wills

First you need to search and find out if she in fact ever signed a Will. It's possible that she never actually signed the draft Will that the lawyer prepared for her [unfortunately, it's not uncommon for that to happen].

If you can't locate a Will, then your sister will be "intestate"...that means she died without a Will. In that case, you or another close relative can file papers with the Surrogate's Court to be appointed as the administrator for her estate, and her assets will be distributed according to the NJ intestacy statute.

Please call me if you need assistance with the estate or in filing the intestacy application with the Surrogate's Court.

Re: wills

It sounds like your sister may never have completed her Will and Estate Plan. This is not unusual - 70% of people die without a Will.

If your sister had a spouse or children, they would be the beneficiaries. If not, your parents would be the beneficiaries (if alive,) then you and the other siblings.

You should consult a Tax and Estate Attorney to review the specifics of your situation and to help you with the probate process and filing tax returns.

I hope this helps!

Ron Cappuccio

http://www.SaveYourEstate.com