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socrateaser
socrateaser, Attorney
Category: Estate Law
Satisfied Customers: 33377
Experience:  Retired (mostly)
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Hello:Sorry to be up so late but we have critical issue that

Resolved Question:

Hello: Sorry to be up so late but we have critical issue that we need some legal advise on. My sister died last week without a will in the state of New Jersey. She is survived by 7 brother and sisters. Our father died and mother abandoned us 52 years ago. Three of us were adopted to other families out of foster care. 25 years ago we were all reunited and we have lived like brothers and sisters for 25 years. My sister was not married and had no children of her own. She did not have a domestic partner. We went to Surogate Office today and were devastated to learn that two of our brothers and one sister, all of whom were adopted after our family was destroyed, have no claim to my sisters estate. How could this be? Is there nothing we can do? It is tearing our family apart. Second one of my sisters has been named beneficiary on the life insurance, 401K, pension plan which belonged to my deceased sister. Do these assets have to be probated since my sister designated a beneficiary? Do we only have to put assets in the probate which were just in my sister's name? Can my sister with a DC just liquidate the assets she is beneficiary on and pass those to her siblings? I know it is late but we are having a family meeting later this morning and it would be helpful to have some direction to bring peace to our fragile family. Serving w/you ray XXXXX

Submitted: 10 months ago.
Category: Estate Law
Expert:  socrateaser replied 10 months ago.
We went to Surrogate Office today and were devastated to learn that two of our brothers and one sister, all of whom were adopted after our family was destroyed, have no claim to my sisters estate. How could this be? Is there nothing we can do? It is tearing our family apart.

A: Hello. The law of the state of NJ is clear that an adoption of a child from a family cuts off that child's right to inherit from the former parents. This would not prevent you and your siblings from simply agreeing to voluntarily split the proceeds of the estate among you, regardless of the law. However, if any one of you disagrees, that person can maintain their share of the estate, and there is nothing that any of the others can do to prevent that person from taking their legally rightful share.

Second one of my sisters has been named beneficiary on the life insurance, 401K, pension plan which belonged to my deceased sister. Do these assets have to be probated since my sister designated a beneficiary? Do we only have to put assets in the probate which were just in my sister's name? Can my sister with a DC just liquidate the assets she is beneficiary on and pass those to her siblings?

A: Life insurance with a designated beneficiary is "nonprobate property." So is a 401(k), if a beneficiary is designated by the decedent. These assets entirely avoid probate, and go directly to whomever is designated. Your sister can do whatever she wishes with these assets.

I know it is late but we are having a family meeting later this morning and it would be helpful to have some direction to bring peace to our fragile family.

A: I hope I haven't made you wait too long.

Please let me know if I can be of further assistance. Hope this helps.
Customer: replied 10 months ago.


You are very good and I appreciate your quick and timely response. It is not your fault but what is rationale for that law, if you know? Doesn't really matter it is what it is...


 


Moreover, so only assets which are only in her name, deed to her house, her automobile, bank account if no beneficiary will be subject to surrogate?


 


What about my mother, she left 52 years ago and has never been found. We have no death certificate for her and have no idea what happened to her. Will this be a problem?


 


Thanks again, you will received excellent rating and be paid. Are you NJ lawyer who we can contract with in this area of the law?

Expert:  socrateaser replied 10 months ago.

The law is N.J.S.A 9:3-50(c)(2)-(3).

The rationale is that an adopted child could inherit from both the legally adoptive parents as well as from the natural parents. This would give an adopted child an economic advantage over any natural child, who would simultaneously be in a deficit position. All adopted children would have two sources of inheritance, while all natural children would not.

That would violate the Equal Protection Clause of the 14th Amendment to the U.S. Constitution. There is no rational reason why an adopted child should have an advantage over a natural child at the death of a parent.

 

 

Moreover, so only assets which are only in her name, deed to her house, her automobile, bank account if no beneficiary will be subject to surrogate?

 

A: Correct.

 

What about my mother, she left 52 years ago and has never been found. We have no death certificate for her and have no idea what happened to her. Will this be a problem?


A: She will be presumed dead after seven years missing. If you know her Social Security Number, you may be able to confirm her death through the Social Security Administration.

Hope this helps.

Customer: replied 10 months ago.


It looks like on my last post, the additional questions posted below and perhaps you did not see them, or are you still preparing a response?

 

Thank-you

ray XXXX

Expert:  socrateaser replied 10 months ago.

I was editing while you were reading. Please refresh your webpage (F5 key) and re-read the answer.

Sorry about that, chief.

socrateaser, Attorney
Category: Estate Law
Satisfied Customers: 33377
Experience: Retired (mostly)
socrateaser and 3 other Estate Law Specialists are ready to help you
Customer: replied 10 months ago.


And my final question to that second post: Do you practice in NJ and are you available to help us with surrogate court if we need an attorney for this mess?

 

Again, thank-you.

Ray XXXX

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