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New Jersey Estate Planning Questions & Answers
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.

1 Answer | Asked in Estate Planning for New Jersey on
Q: My sister has durable poa n I am name second n bro thrd. as am being left out n they both been stealing sister delegated

I am second backup if sister step down etc. Her n my brother are using poa to defraud assets of estate

Nina Whitehurst
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answered on Nov 20, 2023

You probably need to hire an attorney to petition the court to appoint you as conservator over the person they are looting. Then as conservator you can sue them for return of the stolen assets. Fair warning: This kind of litigation can be quite expensive, but if you prove your case usually the... View More

1 Answer | Asked in Estate Planning, Collections, Legal Malpractice and Probate for New Jersey on
Q: Why didn't I get a physical copy of the agreement between me and my attorney and why won't you send me one?

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

Joel Gary Selik
Joel Gary Selik
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.

1 Answer | Asked in Estate Planning and Probate for New Jersey on
Q: We are trying to figure out who is the next of Kin and we need to go to probate.

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

Elisabeth Ann Lambert
Elisabeth Ann Lambert
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

1 Answer | Asked in Family Law, Probate and Estate Planning for New Jersey on
Q: My brother told me dad changed him to the beneficiary the week before he passed which wasn’t true what do I do?

I went to New Jersey to help plan funeral services and when I arrived he blocked me on facebook our way of communicating. At the funeral home the director said I had to sign a paper making him the executor. I asked what would happen to everything in April well month after month my brother told me... View More

James L. Arrasmith
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answered on Nov 5, 2023

In this situation, it's crucial to seek legal guidance from an attorney who practices probate or estate law in New Jersey. They can help you understand your rights and the proper procedures for contesting the beneficiary designation if it was indeed changed under suspicious circumstances. You... View More

2 Answers | Asked in Civil Litigation, Gov & Administrative Law and Estate Planning for New Jersey on
Q: My boyfriend co-signed with me on the purchase of a vehicle, and we are both on title. I have made and continue to make

all the car payments, and we are both on the loan. My boyfriend died a couple years ago, and I now want to put the vehicle in only my name, except motor vehicle requires a copy of the death certificate, which the family will not give me. What recourse do I have to require them to give me a copy of... View More

Richard Diamond
Richard Diamond
answered on Sep 6, 2023

You need to meet with an estate planning lawyer to educate you on what steps you need to take to transfer the title to the car into your name alone. While you may have made all of the payments, my concern is whether his estate makes a claim against you for their "share" of the value of... View More

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1 Answer | Asked in Estate Planning and Elder Law for New Jersey on
Q: My brother is the executor of my mother’s estate and after 4 months has not listed the 3 rental home what can I do

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

Morris Leo Greb
Morris Leo Greb
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.

1 Answer | Asked in Estate Planning and Family Law for New Jersey on
Q: My dad died intestate in Essex County, NJ. How to get car title to spouse's name with as little paperwork as possible.

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

Morris Leo Greb
Morris Leo Greb
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.

1 Answer | Asked in Estate Planning for New Jersey on
Q: are their ways around power of attorney?

My aunt has power of attorney over my grandfather. He is pretty healthy and of sound mind. She decided that they are selling his house and moving him. Are their ways to stop this?

Richard Diamond
Richard Diamond
answered on Jun 12, 2023

So long as your grandfather is still of sound mind, he has the right to change the POA designation. My suggestion is that you and your grandfather schedule a meeting with an experienced estate planning lawyer to discuss the plan to sell his home and whether he wants to change the POA designation to... View More

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