Legal Question in Wills and Trusts in New Jersey

Mother died without a will, how do siblings settle dispute over assets?


Asked on 4/18/10, 1:35 pm

3 Answers from Attorneys

Robert Davies The Davies Law Firm, P.A.

If you are in Northern New Jersey, you do it by calling me and getting some help. 201 820 3460.

no charge for the phone call.

If you are in central or southern, you do it by calling me and having me refer you to a decent attorney in your area.

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Answered on 4/23/10, 1:44 pm
Rosemary Simon Hoyle Law, LLC

Generally, when an individual passes without a Will and there are assets, an Administrator will have to be appointed by the Surrogate (of the County where the individual resided).

In your situation, you can apply to be appointed as the Administrator.

Eventually, the assets will be distributed according to NJ intestacy laws.

Contact the Surrogate for additional information to get you started.

Good luck.

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Answered on 4/23/10, 2:08 pm
Walter LeVine Walter D. LeVine, Esq.

I agree that an Administration is required and any heir can be appointed, although all must consent and all siblings are entitled to the appointment, although a large group could be difficult. Under intestacy laws all siblings are treated equally and any disputes can be resolved by the Surrogate's Court. I suggest that rather than going to Court, which could be costly and time-consuming, one or more attorneys who practice estate law be retained to act as mediators. I believe all disputes can be resolved, in an hour or two (if emotions are left outside the door) and this might be the least-costly way of resolving them.

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Answered on 4/24/10, 1:35 pm


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