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KJL LAW
KJL LAW, Lawyer
Category: Estate Law
Satisfied Customers: 738
Experience:  Attorney at law Office of KJLLAW
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My fathers died in NJ, his will was probated in NJ in 1995.

Customer Question

My fathers died in NJ, his will was probated in NJ in 1995. He has land in VA. I wanted to know how this is handled if the executrix is also in NJ. There are 5 plots of land on plot is in my fathers name and his wife. I wanted to know if this is will get divided up per the will guidelines or if this is the wife plot and the beneficiaries do not have any claim to it. I wanted to know if the beneficiaries have any rights to the accounting for the money of the estate. If funds are divided do we have to sign any documents agreeing to the amount supplied.
Submitted: 7 months ago.
Category: Estate Law
Customer: replied 7 months ago.
Does the estate have to pay for the taxes on the land that is only in my father's name and his wife
Expert:  KJL LAW replied 7 months ago.
Hello and welcome to Just Answer. No attorney-client relationship or privilege is formed by speaking to an expert on this site, the answers are for general information. By continuing, you confirm that you understand and agree to these terms.A little back ground. Under NJ law, a will determines all distribution. If a surviving spouse is dissatisfied with his or her share under the will of the deceased spouse, she may renounce the will and elect to take his or her statutory share of the testator's entire estate. The surviving spouse is entitled to one-third of the estate provided that at the time of death, the surviving spouse and decedent had not been living separate and apart in different habitations. Generally, the surviving spouse must elect to take his/her elective share by filing a complaint within six months after the appointment of the executor.With regards ***** ***** land, if she was on the deed with him at the time of his death then her rights in the deed would be superior to that which was in the will regarding distribution of the land in Virginia. So if she owned the property as joint tenants with him in Virginia, then upon his death the property would automatically go over to her. If not then the land would get distributed under the will. Any other assets, other than the property, bank accounts, IRA’s, stocks, etc. would get distributed according to the will, unless she was named ass a beneficiary on the accounts, then they pass outside the will. So, you must check the deeds to see how title was held legally, and yes the estate is responsible or the taxes until executor deeds are issued for the property from Virginia. You do have a right to an accounting in the court where the estate is being probated. However, you must go to the court and file papers to ask for an accounting, its not automatic I hope this helps with your question.
Customer: replied 6 months ago.
I have additiional questions on Virginia Probate laws, do i have to pay additional money to have them answered
Expert:  KJL LAW replied 6 months ago.
I only answered on NJ probate law and rights. You would have to open a Virginia file for real estate. Please rate the question for credit and tracking.

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