Any Lawyers in NJ? Estate Questions...

[RGrossman]

This has been one hell of a lousy week. My mother in law passed away on Monday and left a will that her house and cars be sold and proceeds to be put into a trust for her youngest daughter. My wife was designated as the "executor" and legal guardian of her.

I don't know what the next step is. We cannot carry her mortgage along with our own, nor car payments. I was hoping someone could tell me what my next step would be. I called 2 Estate lawyers in NJ and neither will talk to me without starting a clock at over 250 per hour.

 

[FordSVTFan]

This has been one hell of a lousy week. My mother in law passed away on Monday and left a will that her house and cars be sold and proceeds to be put into a trust for her youngest daughter. My wife was designated as the "executor" and legal guardian of her.

I don't know what the next step is. We cannot carry her mortgage along with our own, nor car payments. I was hoping someone could tell me what my next step would be. I called 2 Estate lawyers in NJ and neither will talk to me without starting a clock at over 250 per hour.

The executor has the right to sell off property to secure the estate. There is a specific order that debt must be paid off in NJ for a decedent. I would sell of the most liquid things first, like the cars and use that to pay the mortgage and taxes. Often if you contact the mortgage holder and inform them of the death and the intention to sell the house they will hold off from payments for a period of time and just let the interest accrue.

Call the attorney who wrote the will and ask him what has to be done in order to start the estate process. But in general the executor/personal representative must open probate with the court and file the death certificate and then account for all the assets and liabilities.

There is a specific way this is done.

Sorry to tell you this but rarely do probate attorneys do consults or anything for free, simply because they do not have to and there is no benefit to them. They make their living this way.

It is likely worth a $250 or $500 investment to make sure the estate is being handled properly. Plus, the estate pays for it.