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New Jersey Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning for New Jersey on
Q: Can I type up my own Last Will and Testament (NO LAWYER), Witnesses & sign in presence of notary...IS IT VALID IN NJ?

Would it be valid in NJ? What about those "Will kits" that Staples sells, are they valid? Also can I do the same for a POA document?

H. Scott Aalsberg
H. Scott Aalsberg
answered on Apr 29, 2024

If done correctly it certainly could be valid, the problem is many aren't and thats where your heirs will spend tens of thousands of dollars and can take years to settle your estate where as if you just spend a few hundred more you could have saved them all that trouble. Be smart hire a lawyer... View More

0 Answers | Asked in Criminal Law, Estate Planning, Family Law and Real Estate Law for New Jersey on
Q: my son and his lawyer are trying to sell my home against my will need an iron clad trust..can you help me? can

son has not worked in 20 years..never owned a car...in therapy

0 Answers | Asked in Criminal Law, Estate Planning, Family Law and Real Estate Law for New Jersey on
Q: son has plans on taking dads home against his will..has lawyer has not worked in 20 years...never owned a car

no job, no car, no degree, no friends, in therapy

i need a trust attorney ASAP

1 Answer | Asked in Criminal Law, Estate Planning, Family Law and Real Estate Law for New Jersey on
Q: son stole moms laptop, cell phone, cross, keys, mass crads. crdit cards, debit cards, guest book the day of her funeral

no job, no car, no frigs, nds, in therapy, no degree, pays no room and board ever

he and lawyer conspiring to steal dads home and cash in

Anthony M. Avery
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answered on Apr 30, 2024

Hire a NJ attorney to sue Son for possession (or ejectment) and possibly for conversion. Legal advice from Justia will not help you actually protect your home.

0 Answers | Asked in Criminal Law, Estate Planning, Family Law and Real Estate Law for New Jersey on
Q: son stole moms laptop, cell phone, keys, cross, credit cards, debit cards, mass cards, the day of her funeral

no job, no car, no friends, no degree, in therapy....no work in 20 years..never owned a car

has lawyer to steal dads home and cash in

0 Answers | Asked in Criminal Law, Estate Planning, Family Law and Real Estate Law for New Jersey on
Q: son never owned a car..no work in 20 yaers..trying to steal dads home with lawyer

what lawyer would take a case like this....incredible

i think conspiracy and fraud...can i sue?

0 Answers | Asked in Criminal Law, Estate Planning and Family Law for New Jersey on
Q: how do you prvent a 39 year old from stealing parents home and selling same

39 year old with no car, no job, no friends, no degree, in therapy, lives in parents home

1 Answer | Asked in Estate Planning and Family Law for New Jersey on
Q: My mother 71 is in ill health with a slew of mental health and medical problems. My father 76 is her caregiver.

She is acting crazy yelling out the window, sitting on neighbors porches, leaves her front door wide open and yells at people who park in front of her house. She has been hospitalized many times has spent time at behavioral health facilities. She just keeps getting released to

Home. She... View More

Nina Whitehurst
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answered on Apr 20, 2024

Look for an attorney to help you file a petition for guardianship or conservatorship.

1 Answer | Asked in Estate Planning and Family Law for New Jersey on
Q: Administrator of my son's wrongful Death settlement.

I appointed my youngest son to be administrator of my oldest son's wrongful death suit. How can I have him removed? As he is not fulfilling his duties. He has repeatedly promised to send me the funds and has only sent a portion. He also took it upon himself to take half of funds from the... View More

Anthony M. Avery
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answered on Apr 15, 2024

Hire an attorney to make a claim on the Surety Bond. You may have to sue the administrator first (read the bond), but getting that Bond involved is where you will get paid some money.

0 Answers | Asked in Criminal Law, Estate Planning and Family Law for New Jersey on
Q: son 39 locked up mom and dads items in his room, trying to take their home

no room and board, sleeps 12 hours

0 Answers | Asked in Estate Planning and Family Law for New Jersey on
Q: cost for a slam dunk ejectment?

39 no rent, no degree, no job, no friends, no car, in therapy

0 Answers | Asked in Estate Planning and Family Law for New Jersey on
Q: son is conspiring with a lawyer to take my home..he has no job, no car, no degree, no friends, in therapy ..remedy?

he has locked up mom and dads items in his bedroom for 8 months....credit,debit cards, mass cards, keys, laptop, cell phone

0 Answers | Asked in Elder Law and Estate Planning for New Jersey on
Q: need will or trust to keep son from taking dads home

39, no job, no car, no degree, no friends, in therapy

1 Answer | Asked in Estate Planning and Family Law for New Jersey on
Q: ejectment attorney near red bank..need to remove son from dads home

no job, no car, no degree, no friends, in therapy

H. Scott Aalsberg
H. Scott Aalsberg
answered on Apr 7, 2024

Search the Justia Database for Landlord Tenant Attorneys they are the attorneys most familiar with this type of work. But expect to pay several thousands of dollars to make this happen.

1 Answer | Asked in Estate Planning, Banking and Probate for New Jersey on
Q: Trying to settle a bank account of my mom who passed. It’s under $7k and they ask for entitlement document or something.

What type of document is this, is it a next of kin document? Does this document need to be filed in court or can I fill it out and just have it notarized? Bank account opened in New Jersey but she was living in the Philippines at the time of death. No will and she didn’t list a beneficiary on the... View More

James L. Arrasmith
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answered on Mar 11, 2024

In this situation, the bank is likely requesting documentation to establish your legal right to claim the funds in your mother's account. This is a standard procedure when the account holder has passed away, and there is no designated beneficiary or joint account holder.

Since your...
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1 Answer | Asked in Estate Planning, Family Law and Elder Law for New Jersey on
Q: I want to know if I can gift my car and IRA account to my disabled child without a penalty from medicaid.

I read that this is possible and would like to know how to do it.

Nina Whitehurst
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answered on Feb 21, 2024

The car is easy. Just transfer the title to your child, but only do this if your child is capable of managing a car. If he/she is not, then see an estate planning attorney about other options.

The IRA is not so easy. If you cash out the IRA and retitle it to your child, that will be a...
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1 Answer | Asked in Estate Planning and Family Law for New Jersey on
Q: I asked my Grandma for help with a rehab program that costs $30k - she told me to ask the Power of Attorney.

Can my Grandma make the decision on her own? Can the Power of Attorney make the decision on her own? The Power of Attorney told me that she has to ask my mother, who is scheduled to receive an inheritance (and said no). Are they all playing me? Who has the real power to re-allocate the funds?

Richard Diamond
Richard Diamond
answered on Jan 5, 2024

Im going to give you fatherly advice since the question has nothing to do with the law - a primary reason your grandmother gave someone power of attorney over her assets was to protect her from making decisions based purely on emotion. 30,000 is an extraordinary amount of money to ask anyone for... View More

1 Answer | Asked in Estate Planning, Collections, Elder Law and Probate for New Jersey on
Q: In NJ, my dad passed away having credit card debt. There was no co-ownership/joint owners with the credit cards.

We were unaware of him having credit cards nor have any evidence of credit cards until the bills and calls started rolling in. My dad did not have bank accounts in his own name. Whatever was jointly owned has been transferred through the right of survivorship to his wife. How can we pay for this... View More

Anthony M. Avery
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answered on Dec 8, 2023

Consult with a NJ attorney. But try to avoid Probate as that will attract the creditors. It is not the Spouse's debt, but sometimes the Spouse can be held liable for necessities. Again, avoid Probate, and see if any exemption statutes protect her.

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