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New Jersey Estate Planning Questions & Answers
2 Answers | Asked in Estate Planning and Real Estate Law for New Jersey on
Q: The executrix unwilling to divide proceeds equally

My mother’s will left her house, equally, to her 4 children. My sister, who is the executrix, took 3 years to sell the house, without our agreement and now wants to subtract the cost of maintaining the property during that time from our share of the proceeds. What can we do?

H. Scott Aalsberg
H. Scott Aalsberg
answered on Oct 5, 2024

More infomration is needed to properly answer your question so speak with a lawyer. Yes you can fight this, but you will have a hard time winning unless you can show that holding the house for that length of time was unreasonable under the circumstances. Obviously speak with a lawyer but remember... View More

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0 Answers | Asked in Estate Planning and Family Law for New Jersey on
Q: Property rights after marriage in NJ when adult children are involved.

I am married to a widower with adult children. The home he purchased and paid off during his first marriage is willed solely to his two adult children. Currently, we reside in the home with my two adult special needs children. This is our only home. We took out a second mortgage loan this year for... View More

0 Answers | Asked in Estate Planning and Family Law for New Jersey on
Q: Property rights after marriage in NJ when adult children are involved.

I am married to a widower with adult children. The home he purchased and paid off during his first marriage is willed solely to his two adult children. Currently, we reside in the home with my two adult special needs children. This is our only home. We took out a second mortgage loan this year for... View More

1 Answer | Asked in Estate Planning for New Jersey on
Q: NO CURRENT WILL. I'M 68. MORTGAGE ABOUT $100K. SHOULD I DIE PRIOR TO WRITING, WILL THEY GO AFTER ANNUITY, STOCKS, ETC?
H. Scott Aalsberg
H. Scott Aalsberg
answered on Sep 8, 2024

It is possible under certain circumstances that a mortgage holder may go after your assets if for example you owe more on the mortgage than property mortgaged is worth and you or your heirs are in default. If you have a house that means you have assets and that means you should have a Will. Some... View More

2 Answers | Asked in Bankruptcy, Collections, Estate Planning and Probate for New Jersey on
Q: If a deceased person has credit card debt, is it the responsibility of the executor to pay those cards?
Tim Akpinar
Tim Akpinar
answered on Aug 14, 2024

Attorneys who handle estate-related matters could answer your question best, but you await a response for a week. Your question may have been overlooked in the general "Uncategorized" category. Although some questions do go unanswered on this forum, you could try reposting and adding the... View More

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1 Answer | Asked in Estate Planning and Probate for New Jersey on
Q: I have the 1st option to buy my parents house, I dont want it. The executor wants to sell, do I have to sign anything?
Tim Akpinar
Tim Akpinar
answered on Jul 9, 2024

You have this posted under "Contracts," but it's possible it could be something larger than a simple contract for the sale of a house, since you mention an executor. This could be a situation where you might want to consider a consult with an attorney who handles estates, wills, and... View More

1 Answer | Asked in Estate Planning, Banking, International Law and Probate for New Jersey on
Q: How do you get money from an account that was left to a deceased spouse in Puerto Rico?

My husband's grandmother passed away 10 years ago in Puerto Rico. She left him money that his Aunts knew about and never told us. My husband passed away 7 years ago and they're just telling me now about this. How do I claim this money?

James L. Arrasmith
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answered on Jun 19, 2024

To claim the money left by your husband's grandmother to your deceased husband, you will need to go through the legal process in Puerto Rico. Here are the general steps you should follow:

1. Obtain a copy of your husband's death certificate and his grandmother's will or...
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1 Answer | Asked in Estate Planning for New Jersey on
Q: All trusts valid in all 50 states? How is that so?
Anthony M. Avery
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answered on Jun 4, 2024

What is your question? Any trust might be declared invalid in any State with incorrect drafting.

1 Answer | Asked in Estate Planning and Probate for New Jersey on
Q: when the judge says it’s going to trial at a conference what does that mean?

Estate litigation family not getting along .

Leonard R. Boyer
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answered on Jun 1, 2024

It means that you are not represented by counsel and better retain an experienced Probate attorney right away. Trying to represent yourself in such a complex matter can have grave consequences. Good luck.

1 Answer | Asked in Estate Planning, Family Law and Elder Law for New Jersey on
Q: I am a widow, no children .. can i get a law firm to be my power of attorney
Chen Li
Chen Li
answered on Jun 10, 2024

Yes, you can name an attorney in a law firm as your power of attorney. However, you must be aware that if an attorney is acting as your power of attorney, you may have to pay the attorney a legal fee as your agent and as your attorney. You should consult with an experienced trust and estate... View More

1 Answer | Asked in Estate Planning for New Jersey on
Q: If NJ Will has provision names a specific attorney to help executor(s) adminster estate, do you have to use him?
H. Scott Aalsberg
H. Scott Aalsberg
answered on May 14, 2024

An attorney would need to review the will to give you the proper answer.

1 Answer | Asked in Estate Planning and Probate for New Jersey on
Q: How can I get a Will Validated, or deemed not valid in New Jersey

I need to get my Father's Will be validated or deem not valid to obtain documentation for Puerto Rico Courts. Back up note. He died in Puerto Rico; however, Puerto Rico is asking for documentation from New Jersey Courts to verify that the will is not valid. How do I go about getting this and... View More

Thomas Brett Duffy
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answered on May 26, 2024

First, I am sorry to learn your dad passed away. It's not a simple situation anytime.

As to your question, I'd need to know a lot more about the particulars. I take it he was a resident of NJ and died in PR on vacation, visiting relatives, wintering, etc. This happens a lot in...
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2 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Civil Litigation for New Jersey on
Q: will title insurance protect my home from my son and his lawyer?they have plans to take and sell the home

deceased wife and myself are on title

son and his lawyer want to cash in

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 4, 2024

Title insurance is irrelevant. You need to retain an experienced mortgage foreclosure defense and civil litigation attorney. Expect to pay for one hour of attorney time to review all the documents and provide you with the best way to proceed. Pick the best attorney you can find and remember one... View More

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1 Answer | Asked in Criminal Law, Estate Planning and Family Law for New Jersey on
Q: son in therapy hired lawyer to take dads home son has no car, no friends, no degree, no job

lives at home pays zero, home is trashed

Leonard R. Boyer
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answered on May 2, 2024

You are need to supply significantly more facts and any and all documentation related to this matter. Expect to pay about an hour of time for an experienced litigation attorney to have a consultation with you. Pick the best attorney you can find and remember one rule: a good attorney is generally... View More

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

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.

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.

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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