Legal Question in Wills and Trusts in New Jersey

My husband passed away and i received a life insurance payment. Can this be considered part of the estate?

We lived in a house that was only in my husbands name, the deed had both of our names. Am i responsible for any past morgage payments?


Asked on 8/15/11, 7:13 am

2 Answers from Attorneys

Robert Davies The Davies Law Firm, P.A.

You have some questions that I can answer after I meet with you and look at the documents, the deed and mortgage and probably other documents.

I can help you with this. And I will tell you up front what it will cost to do this for you.

Give me a call, make an appointment to come see me, and let's get moving on this for you. No charge for the telephone call and no charge for the first office visit.

Robert Davies, Esq. 201-820-3460

The Davies Law Firm, P.A.

45 Essex Street, Suite 3 West

Hackensack New Jersey 07601

Phone: 201-820-3459

Fax: 201-820-3461

Email: [email protected]

Website: AttorneyRobertDavies.com

Please keep in mind that my response is just a general comment on your question, and not legal advice. I have answered based upon the law of the State of New Jersey where I practice; the laws in other states may be very different, and may result in very different outcomes. Your question and any response does NOT create an attorney-client relationship between you and this law firm. The exact details of your situation and things that you have not mentioned in your question can completely change the response I gave. You can not rely upon what I have written as legal advice, because I do not have all of the information that I need to advise you, I only have the very small amount of information that you put into your question. To get legal advice that you can rely on and use, please contact me directly.

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Answered on 8/15/11, 7:28 am
Walter LeVine Walter D. LeVine, Esq.

Your facts are a little confusing, but I will try to provide a reply. (1) If your husband was the owner of the policy, the policy proceeds are part of his taxable estate, not his probate estate. You are entitled to keep the proceeds even if his Will says something different. (2) If your name is on the Deed, which I have not seen, you probably got the house. If there was a mortgage, whose responsibility to pay it may be stated in his Will, which I have also not seen. If the Will does not say anything about the mortgage, it probably is your responsibility. More facts and information are needed. This is a response to an Internet question. The reply is not intended to be legal advice or as creating an attorney-client relationship.

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Answered on 8/15/11, 8:14 am


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