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
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.
The attorney that I retained never gave me the written agreement between us for what he should be doing and charging during administration of my mother's estate. I asked him to send me a copy but he never did. When I voiced my dissatisfaction about the services I had acquired. I received a... View More
answered on Nov 7, 2023
The attorney should most certainly provide you a copy. In some States the fee agreement is invalid if you do not get a copy.
Put your request for the fee agreement in writing.
My wife’s mother and her husband “stepfather” owned a house and they both passed away. Neither of them had a will. Her mother died first and then her husband died. The children are not the husband's children. The New Jersey property is valued at $48,000. Does my wife and her sibling have... View More
answered on Nov 6, 2023
I'm not a New Jersey attorney, so I can only give you some basic guidance and a direction of where to look. You will need to search for "New Jersey intestate succession." This website seems to have a good overview of how property is distributed when there is not a will; called... View More
He has not give a full accounting of the estate yet and has not distribute so bonds she brought for grandchildren with their name on bond
answered on Aug 9, 2023
Your question raises a number of serious issues. I believe the best avenue to take to resolve the questions you have is to speak to an attorney with Estate and litigation experience.
After dad died, we notified his bank and they accelerated his car loan. They said the loan would have to be paid off or the car would be repossessed. Mom paid off loan but the title came in his name. Now, we want to sell the car. Of course, my mom is older and we want to get this done with as... View More
answered on Jun 22, 2023
File an application for the probate of an intestate decedent's estate with the Surrogate's Court in Essex County.
His friend and coworker attempted to gain access to his funds from his Bank Of America accounts since my brother didn't have a Will or designate anyone with the Power Of Attorney, does he have a claim even though I'm his sole kin?
answered on Jun 6, 2023
In a joint account, in the case of one joint tenant dying, the survivor takes. In all other matters, probate proceedings must be filed with the County Surrogate, an administrator will be appointed and a bond required. Thereafter, the estate will pass in accordance with state statutes.
I have four siblings and one wants to disclaim his share of any inheritance. I was told by the Surrogate Court that he needs to file a disclaimer through a lawyer, but I'd like to know if hiring a lawyer is actually necessary. I've handled the estate without legal representation. I just... View More
answered on Mar 24, 2023
If the estate were probated in NJ, the renunciation properly completed can be filed pro se. If propated in NY, you need to pose the issue with a member of the NY Bar.
My sister and I couldn't locate will upon dad's death so we obtained Letters of Administration as co-administrators. My sister is not live locally. Can I endorse check myself as administrator and deposit into estate account at bank?
answered on Mar 4, 2023
Yes. Best practice would be go email copy of check to sister then email her copy of deposit ticket into the estate account. Also, if both are not receiving copies of the bank's estate statement, be sure to send her copies of this also.
If the will has multiple pages how to bind them together? Do I need to number and initial every page? Can notary stamp every page? asking for NJ
answered on Feb 23, 2023
Honestly, if you need to ask this question you should hire a lawyer to prepare your will. I have seen many people save a thousand dollars on having a will made only to end up in probate court spending tens of thousands to rectify the errors that were made in the Will. It is called being penny... View More
My mothers aunt passed away 20 years ago, and left a house for my mother. She didn't start the probation process since there was a person living in the house with a life estate deed and paying all the bills and taxes. Now my mom wants to probate the will, are there any time limits for will... View More
answered on Feb 23, 2023
Yes, offer the will for probate. Because of the passage of time, it may be probate will need to be done in formal style.
What would happen to a house in only my name or my life insurance in this case if something should happen to me? How can I revoke this Will simply now that I am married and many things have since changed with my estate executor listed in the Will?
What if I pass before I have a chance to... View More
answered on Feb 4, 2023
More information would be needed to properly answer your questions, but generally a new will which you should have since you did get married would invalidate your old will and be the controlling document. I suggest you setup a consultation with a lawyer to discuss this as the lawyer will need to... View More
need a separate Notary or seal because in NJ he is considered a Notary and his signature is enough. My research supports this but also seems to indicate we should get it additionally notarized. Please advise. Thank you.
answered on Jan 23, 2023
If it is a self proving will which is being acknowledged by a notary public then in that event a seal should be affixed. If the will is acknowledged by a NJ attorney, only the attorney's signature is required.
I have full power of attorney of my elderly mom. She is not capable of handling finances on her own but my sisters have brainwashed her into selling her home as I've been busy with my career. My mom doesn't want to believe she is incapable of making financial decisions and my... View More
answered on Dec 17, 2022
You have the right to exercise any power that is listed in the Power of Attorney. If you have a specific question how broad is the Power of Attorney's language, please consult with an attorney in your jurisdiction.
Both companies are no longer around to show what happen to that assignment . However in 1986 a mortgage is showed and discharged with another company that’s no longer around. Reached out to company that it merged with and they have no record of the property. Through research all patterns show... View More
answered on Nov 22, 2022
Speak to a real estate attorney. There is a statutory provision to resolve this issue.
Is this something I can do on my own to save money?
answered on Nov 14, 2022
If you are familar wiyh the requirements you may represent yourself. However, my advise is to retain the services of an experienced estate attorney.
I am one of two beneficiaries of an estate. We're at five years and counting, and I have been represented by a NJ lawyer on this matter as I live out of state. I was notified of new assets one year ago by executor via my lawyer, who was unable to provide any additional details. Assets entered... View More
answered on Nov 9, 2022
Contact the Office of Attorney Ethics at the NJ Supreme Court and ask for assistance with obtaining a response from the attorney.
there was an old will, but my sister said she cant find it. i need help because my mom said the house was mine but my sister is trying to scam me from it. is there a way to find the original will?
answered on Nov 6, 2022
If you know the lawyer she used you could call that lawyer to see if he/she still has a copy of the will.
My husband is her only heir. He and I declined to take on any assets (namely her home and car) and we declined to administer the estate. A debtor is now suing for foreclosure and we are receiving endless summonses because we are named as heirs/interested parties. Do we need to answer these summons... View More
answered on Sep 27, 2022
Whether or not you are willing to accept or be responsible for any interest in the state, you have an interest which needs to be addressed in the foreclosure action. You will continue to receive information. If you do nothing, at some pont in time, the plaintiff will seek the entry of a default in... View More
Real Estate trust in NJ
What is the timeframe to sell? Should we be notified of the listing of home or price?
answered on Sep 23, 2022
The executor has time to sell the property when the executor feels it is the best time for the benefit of the Estate.
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