New Jersey Objection to Family Allowance in a Decedent's Estate

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US-02670BG
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Description

A family allowance is a portion of a decedents estate that is set aside for certain family members regardless of what the will says.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

New Jersey Court Rule -8, if a Notice to Creditors to Present a Claim has been filed under N.J.S.A. 3B:22-4, the Executor or Administrator must mail a notice, by regular mail, to the last known address of each estate creditor of which he or she is aware or that can be ascertained by reasonable inquiry.

A creditor must present a claim to the estate within nine months of the decedent's death, and the executor or administrator has three months to accept or reject the claim. N.J.S.A. §3B:22-4,7.

Creditors of the decedent shall present their claims to the personal representative of the decedent's estate in writing and under oath, specifying the amount claimed and the particulars of the claim, within nine months from the date of the decedent's death.

It generally stated that one who intentionally killed another was barred from receiving any benefit by reason of death of the decedent to which the killer would otherwise have succeeded.

NJ Specifics If a debt becomes known after the 9-month deadline, the executor has no obligation to resolve it, unless there are still remaining undistributed funds and the court, for good cause, directs the executor to do so (see NJ Rev Stat § 3B:22-14).

The Estate Settlement Timeline: While there is no specific deadline for this in New Jersey law, it is generally best to do so within a month to prevent unnecessary delays in the probate process.

A creditor of a New Jersey estate is required to present their claims to the personal representative of the estate in writing and under oath. The creditor must specify the amount claimed and the particulars of the claim. This document is called a ?statement of claim.?

Creditors of the decedent shall present their claims to the personal representative of the decedent's estate in writing and under oath, specifying the amount claimed and the particulars of the claim, within nine months from the date of the decedent's death.

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New Jersey Objection to Family Allowance in a Decedent's Estate