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What happens in NJ if poa/executor spend decedent's assets ?
What happens if probate court determines the poa/executor (same person also benificary) misappropriated monies and says can't repay benificaries?
1) will beneficiary get judgement & lose cost of lawyer fees?... View More 
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
I need to decline duty as co-executor due to family issues with the co-executor. We have not yet filed for probate. Can you confirm that I simply need to go to the county courthouse and file a renunciation of executor form? Do I need to inform the co-executor in a formal/legal way that I have... View More
my son’s father died by getting hit by a drunk driver. he was driving. Uber at the time. One of the passengers died as well and One survived. The one that survived is now filing a wrongful death lawsuit against my son’s estate. He’s cleaning all these claims that he told my son‘s father to... View More
answered on Jun 22, 2024
I'm very sorry for the loss of your son's father. Like you say, it could be a matter of grabbing at straws for lack of other viable sources of compensation. You mention having a lawyer - it isn't clear from the description if this is a probate lawyer for the estate or a... View More
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?
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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... View More
Estate litigation family not getting along .
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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.
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
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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... View More
A recent Court order details the estate representative is to complete the estate and provide an informal accounting by the next hearing date, which is a month from now. After conducting a property records search I found a number of estate properties have yet to be listed and/or sold. I have doubts... View More
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answered on Mar 27, 2024
Consult with a NJ attorney: but are you sure the real properties that you looked at are in fact assets of the Estate? Chances are the heirs at law own them, not the Estate. You might search the titles also and determine present ownership. If they are Estate assets, then file a motion to... View More
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
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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... View More
Mom died, had annuities. Didn't want to leave my sister anything. Told so many people even her advisors she wants nothingto do with her. My mom stopped talking to her almost 5 years.
In a case like this, my sister is suing me for the annuities. Could I fight this in court? My mom... View More
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answered on Dec 29, 2023
In the absence of a designated beneficiary on the annuities, the distribution of your mother's assets, including the annuities, would typically follow the laws of intestacy in New Jersey. These laws determine the heirs and their respective shares. If your sister is taking legal action to claim... 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
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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.
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 have his children and he gave me papperwork for once insurance but the others were signed 20 years ago and he didn't have time to change info so I wanted to know if I am able to use a text message he gave me stating that everything he has belong to the girls and I, so I can claim?... View More
answered on Nov 2, 2023
Sounds like you will need to hire a probate lawyer to get what you want if the family is not cooperating. The main person you need to speak to is the executor of his will. You can find this out by going to the provate court yourself. As for insurance you can call the insurance company and see if... 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
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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
Both of my parents died. My stepdad was the last to pass away. He typed up a last testament and left the three properties and left it to my relative. Which isn't related to him. My mom had a will drawn up from an attorney years ago. It states that I'm her executor. I probated her will... View More
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answered on Jul 31, 2023
This is not the type of question that can be answered in a forum like this. This case will be one that an attorney would charge about an hour of time to review all the documents and provide you with your options and an understanding of what has happened. Pick the best attorney you can find and... View More
will credit card debt be cancelled after parents pass ?
answered on Jul 7, 2023
Depends on whether there were cosigners as well as the size of the probate estate and other assets owned by the decedent.
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answered on Jul 3, 2023
Use the year that you were granted Letters of Administration.
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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
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