Does my mother’s will have to be probated.

Get Legal Help Today

 Secured with SHA-256 Encryption

Does my mother’s will have to be probated.

My mother has no insurance, property or any kind of assets. She had medicare and
medicaid and was living at Cinnaminson Nursing center when she passed. The small
bank account does not cover the expenses we have incurred.

Asked on January 27, 2018 under Estate Planning, New Jersey

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

I am so sorry for your loss.  I would first seek help from an attorney in the area on a strict consultation basis rahter than the Probate Court.  They favor probate but if the estate is insolvent then there really is no need.  You may be able to get away with small estate procedures like a small estate affidavit for the bank account.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption