Legal Question in Wills and Trusts in New Jersey

My mother passsed away a year ago. I was joint tenant with right of survivorship.

on the house and her checking/savings account. I was continually pressured by the attorney for the Estate to have the house and bank accounts placed in the Estate and probated. I refused. My brother, co-executor sent emails attacking me, and sent them to my siblings. The attorney for the Estate was given a copy of the date of death house appraisal, and the amounts that were in the checking /savings account to determine if there were any taxes due. The total value is under the filing threshold for both the NJ Estate State and Federal Tax. I put the house up for sale, and hired an attorney to handle the legal paper work. The attorney handling the Estate called my attorney and demanded to know what I was doing with the house. My attorney informed him I had a legal right to sell the house. He then inquired about the sale price, and that he wants to file an L-9, to release the house from the State of NJ. My attorney said it was not necessary. The Estate attorney called and requested that I send him documentation, so that he can file the L-9. I called my attorney, and he then advised me that the L-9 be filed, so that we don't have a problem at the closing. I filed the reurn and received the waiver. The attorney for the Estate called me and was angry that I did it, he said it was his job. My brother said he was reserving the right to contest what I did. My siblings won't talk to me.

The attorney for the Estate is now constantly sending me letters asking for a copy of the L-9, as he needs it before closing the Estate. I also want to tell you that I

divided up the proceeds from the sale of the house with my siblings, as well as the funds in the checking/savings account. My brother gave the attorney for the Estate a copy of the cash income statement and the checkbook register, which I gave to all my siblings. My questions are: Was it okay that I filed the L-9 as the joint tenant? And do I need to give a copy to the attorney for the Estate? I don't know why he would need it.


Asked on 11/07/09, 8:28 pm

1 Answer from Attorneys

Savyon Grant Law Office of Savy Grant

You don't have to work with the lawyer. If he wants a copy he can get it from the probate office.

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Answered on 11/13/09, 8:55 am


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