The Philippine law on evidence requires an authenticated copy of the said law to be presented in court as proof of said foreign law. I am wondering how to obtain said official copy. Is it enough to print it myself and have the same Apostilled before the NJ Dept of Treasury, or is there a proper... View More
answered on Dec 5, 2022
Either from Justia.com or Thomas Reuters that owns Westlaw. West Publishing is located in Eagan, Minnesota.
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.
He left everything to his neighbor. The will was dated November 2020. Can I contest as being Omitted Child?
answered on Nov 13, 2022
You may be successful in such a claim. It will be worth your while to speak with an experienced probate 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.
This case involves probate/estate litigation:
The Judge ordered the opposing counsel to provide an accounting of his client’s use of POA to the decedent. The OC filed an accounting that was not accepted by the Judge. The Judge clarified verbally during the next hearing what kind of... View More
answered on Oct 9, 2022
Actually, pursuant to case law, the order given by the judge orally from the bench controls if there is a dispute between the language of the written order and what the judge ordered from the bench. I would immediately order a copy of the transcript of the court's ruling and write to the court... View More
answered on Aug 29, 2022
That would depend on a lot of information that is missing such as was their a property settlement agreement when they got divorced. Was she still named on the deed. Was she living in the property and this is just three of the many questions a lawyer would need to ask before giving you an answer.... View More
answered on Aug 1, 2022
Very briefly, anyone can pay the real estate taxes. Speak to an accountant as to whether the payment is tax deductible for you or is considered a gift which may trigger having to file a gift tax return.
One was handwritten around 2007, maybe earlier. The other one was written in 2014. The first list contains a necklace that was given to me, by my mother in 2014. My mother passed Dec, 2021. The other sister says it’s still part of the list and wants it back. I strongly disagree.
answered on Jun 26, 2022
Sounds like you have the item and it was on the later list so it sounds like you have the right to keep it. But a lawyer would need to review all the documents and the estate documents issued by the probate court to tell you anything with certainty.
My sister passed away and I am the one who managed her trust (approximately $250K). It is to be split between me and two brothers. My question is, do I simply distribute the trust, a third each and have each of us 3 declare the inheritance and pay taxes at our year end taxes, or does the trust pay... View More
answered on Jun 24, 2022
You really need to retain an experienced Probate attorney, who will know how to handle the provisions of the trust. This is a legal question, not an accounting question. Only attorneys are licensed to give legal advice, not accountants. Another type of attorney you could consider is an Estate and... View More
the trust didn’t always say 40. just lost the copy of the original but would i. e able to take it to court and get atleast some of
the money
answered on Jun 23, 2022
Looks Like something fishy is happening here looks like you should hire yourself a good lawyer to investigate and file a suit if necessary.
answered on May 8, 2022
You don't have to worry about doing small probate because she died with the will, just have executor file the will with the local county probate office. Luckily when you die having a will the probate process is much easier, even a simpler procedure than with "small probate". Using... View More
Dad passed years ago but houses were not distributed or new deeds were not done so now that mom passed the houses are still in his name. Are they considered an asset of her estate? Would they need to be listed on her estate paperwork in the US? Or is US and PR kept separate? We will need to use... View More
answered on May 3, 2022
Whether the assets are part of your mother's estate will depend on how title to the property was deemed to have passed at your father's death. If title passed by operation of law to your mother, the property is part of your mother's estate. It may be used for any lrgal purpose by the... View More
Aunt passed 9/28/21. Will was probated in Dec. My brother & I are beneficiaries of IRA's & our children are in the will, each to receive a set amount of cash. We have a copy of the will, but not the death certificate. Our children have yet to receive notification that the executor has... View More
answered on Feb 8, 2022
The brief details appear sufficient to proceed with an application to have an administrator cta (with will attached) appointed.
My partner and I are unmarried with two
minor children. With no will what would happen to the property in only his name?
answered on Jan 13, 2022
If your asking what will you get, in general a spouse will get only get an elective share as required by NJ law but only if you were living with your spouse at the time of his/her death and you were not subject to a post or prenuptial. Elective share generally ranges to about 1/3 of the persons... View More
Document except my brother who is incarcerated. Do I need his permission to move forward or does the majority of us rule?
answered on Dec 22, 2021
Apply for administration, listing all the siblings. The Surrogate will appoint or more of the siblings as administrator(s).
Taxes for a property of the estate has not been paid for over a year resulting in a tax sale being issued on the property. I have reached out to the counsel of the estate representative to inform them of the unpaid tax and tax sale notices multiple times and they have ignored my messages.... View More
answered on Dec 7, 2021
This is not a family law question and should be answered / directed to an estate lawyer to guide you on your rights in addressing the obligations of those responsible for administration of the estate.
I live in the state of New Jersey. My sister is currently administering my late mother’s estate, which includes a Medicaid lien of 200 thousand dollars (including additional charges). Medicaid sent notice to the estate administrator to provide a full accounting of the my late mother’s estate.... View More
answered on Nov 27, 2021
Yes submission of knowingly false information to the government is a criminal act. The possible maximum penalties are quite severe. I suggest you speak to an attorney with experience in handling federal criminal acts.
My sister is currently Administratrix of my late mother’s estate and has already committed various breaches of fiduciary duty, including requesting the estate reimburse her for debt owed by the decedent she was liable to pay as power-of-attorney and attorney-in-fact to the decedent before her... View More
answered on Nov 17, 2021
You need to go over everything you just asked a question about with an attorney. I have seen a $400 home sell for $78,000 because of liens that couldn't be avoided so the new owner took on the liens. I have also see properties sell under market value because a hoarder lived in them, tenants... View More
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