If my mom recently died do we need a lawyer to settle her estate?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my mom recently died do we need a lawyer to settle her estate?
My sister is threatening getting an attorney. I cared for my mom for the last 30 years of her life and the house is in my name. My mom literally had nothing except SS money every month. There was no Will except a video Will which mainly went over her belongings and her funeral mass. I am wondering if I need to put out money for a lawyer to settle things? That would essentially use up whatever insurance money that was left.
Asked on June 9, 2014 under Estate Planning, New Jersey
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
I am so sorry for your loss. If your Mother had no written Will - which is required in New Jersey - then she essentially dies intestate and the intestacy laws will apply. The video of her wishes would be nice to follow but may not be legally binding on the fiduciary (person appointed to handle her estate). If the house was in your name alone (or your and your Mothers with rights of survivorship) then it is not part of her estate. It passed to you automatically upon her death. If the insurance did not name a beneficiary then it is part of the estate. New Jersey allows for a Small Estate Administration. If a Decedent leaves no spouse and next of kin (you and your sister) and if the total value of the real and personal property of the decedent does not exceed $10,000.00 one of the next of kin, with the consent of the others, may file an Affidavit of Next of Kin in lieu of Administration. If the amount exceeds the $10,000 then you may have to file an estate. It may be a good idea to consult with an attorney on a flat fee basis about the estate. Bring your sister since she has equal rights to what is left of Mom's probate estate and it may calm her fears. 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.