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
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
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
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
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?
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.
There are two set of rules here. First, the rules of the business entity (operating agreement, bylaws, partnership agreement, etc.), and the Florida Laws. The interest in the business entity sometimes has a transfer on-death provision. If the interest in the business passes to a certain beneficiary...View More
My niece whom I haven't had contacts for over 10 years just passed away in New Jersey. She is single and both of her parents are deceased. She has one son 25 years ago when she was an unwed teenager and she gave him to his father to raise. I am not aware if they have any relationship and I... View More
It sounds like her estate is comprised of debt as opposed to assets and presuming I am correct, not sure how you can take what remains of her assets to pay for her funeral costs while not using that same money for payment of her outstanding secured debts ( ie child support).
I have a deed where the grantor transferred property to grantee for 1$. In the same deed the second sentence is that the grantor conveys a Life Estate to the grantee for his natural life. The grantor later made a will and left the same property to the different person, and no taxes of any type... View More
You said the grantor conveyed a life estate to the grantee but you probably meant "grantor**." Anyway, provided the earlier deed was recorded (you did not specify - you only said you had it) the grantor's Will matters not because AT MOST he retained a life estate that dies with him,...View More
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
Firstly, probate in NJ is very simple and not complicated. I do not suggest irrevocable trusts as life is uncertain. With an irrevocable trust, the grantor (creator of the trust) loses substantial control of the assets. Thus as life's needs changes, the grantor may not be able to change the...View More
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?
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.
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
Executor/trustee insists he won't give anything until all beneficiaries sign a document which says they agree that the will and trust documents state that the beneficiaries have no right to an accounting. The document also states that they cannot sue for any purpose, even if facts are later... View More
Are you referring to a release and refunding bond or another document. If a release and refunding bond, you may insist on amending the document so the release excludes waiving any rights against the executor for improper action but the refunding bond should be signed if written in the traditional...View More
The house is located in a 55 and older co-op community in Ocean County NJ. My sister-in-law (who is a 50/50 beneficiary) had until August 10th 2021 as per the bylaws of the co-op to relocate. She has refused to pay anything or leave for 2 years. She is on probation facing new charges and is... View More
The first issue is that you failed to indicate in which NJ county the property is located. The best solution would be to retain the services of a local attorney who has estate and landlord - tenant experience as there may be other choices in addition to ejectment such as a partition action.
It is important to be cautious in situations like this. Scammers may try to use inheritance or other financial schemes to trick people into giving them access to their money or personal information. It is important to never give out personal or financial information to someone you do not know and...View More
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
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
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.
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.
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