Get free answers to your Estate Planning legal questions from lawyers in your area.
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
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.
no job, no car, no degree, no friends, in therapy
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.
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
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... View More
I read that this is possible and would like to know how to do it.
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... View More
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?
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
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.
I am second backup if sister step down etc. Her n my brother are using poa to defraud assets of estate
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
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
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
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
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
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
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.
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?
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
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.
answered on Jun 1, 2023
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
answered on Apr 17, 2023
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).
While your... View More
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
answered on Apr 11, 2023
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
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.
Asset=House to 2 children, Bank accounts/annuity = to 2 children. What is the process/concerns. Would like to avoid probate. Or should we create a different document?
answered on Mar 9, 2023
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
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