Legal Question in Wills and Trusts in New Jersey

Probating a Will

My brother died in Haiti, a poor mission priest with no insurance and no backing for any church. His will was written in NJ and he used the address of our recently deceased mother in NJ. The house in NJ was sold over a year ago, he continued to use that address. I am executrix of his Will, I live in Florida. Where do I submit it for probate? While there is no money, or no real property, there are rental agreements to pay and a school in Haiti to turn over to another church. Thank you


Asked on 12/05/04, 12:03 pm

2 Answers from Attorneys

David Slater David P. Slater, Esq.

Re: Probating a Will

Haiti

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Answered on 12/05/04, 2:23 pm
Walter LeVine Walter D. LeVine, Esq.

Re: Probating a Will

David may be right, subject to the answers to several questions. The answer depends upon his choice of domicile. Domicile is the menatl place where one considers his residence to be, regardless of where he actually lives. What address does he use on his tax returns? What address is on his driver's license, if any? What address does he vote from, if he votes in US elections? Think of a college student who lives in one state, but considers another to be his home. Of course, he needs a physical place for his domicile, so the sale of the NJ house whose address he used may no longer qualify him as a NJ decedent. Where are his physical assets located? In NJ banks? Did he get any of the sales proceeds from the sale of his mother's house? If so, where did he deposit them. Whether he used Haiti or NJ, if he has assets here, you may need a NJ ancillary probate here anyway. If he has property in Haiti, some form of probate may be needed there also, in any event. You talk about rental agreements. Where did he rent, NJ, Haiti or both? This sounds like multiple probates are needed anyway. In, NJ, this can be done through the mail, so if it is primary or ancillary probate that is needed in NJ, I can assist you. More information is needed to properly direct you as to the primary probate location. You can contact me directly as [email protected]

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Answered on 12/05/04, 3:42 pm


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