Get free answers to your Probate legal questions from lawyers in your area.
answered on Dec 20, 2017
Generally one dies before the other even if it was a few seconds, but generally, the money would be transferred according to the terms of the wills.
answered on Oct 3, 2017
Not necessarily receipts, but an accounting of the estate.
Disclaimer: The provided information is for informational purposes only. This should not be construed as the providing of legal advice, since facts and circumstances of each matter can affect the correctness of this advice. An... View More 
We need to sell the house to pay for my mothers nursing home care. The title co said we need to probate the will. How long will this take in nj and how expensive will it be?
answered on Sep 29, 2017
Probating a will can usually be done in a week or so. However, it depends upon a few things. In this case, you may have to go to your grandfather's other heirs to get them to waive their right to be the estate's personal representative.
However, depending upon how the house is... View More
I was arrested for a municipal ordinance violation in 9/2015 and granted a conditional dismissal in 12/2015. I was told the charges would be dropped as long as I did not get into additional legal trouble for one year. I met with a probation officer once (can't remember when, probably also in... View More
answered on Sep 25, 2017
You probably need to go to the court and get a certified disposition in most cases but you should not be doing this yourself, you should hire a lawyer to do this for you, or at least advise you on what is proper to be done.
answered on Sep 21, 2017
Basically they can hold a person until trial, a good lawyer however can try to fight to get him released.
5 years ago and continue to do so. My father purchased the house for me since my credit is bad (bankruptcy). The mortgage is in his name. I have paid 20k of the principal to date. Unfort, the house is not specif mentioned in his will. My brother is executor. Assuming my family (mother, brothers)... View More
answered on Aug 24, 2017
I am not an expert on that act, but I believe it only applies where a property is transferred from the owner into a trust where the owner is the beneficiary. So, I don't think that applies.
Unless your brother will cooperate, you may be forced to sell the house, unless you can buy out... View More
answered on Aug 22, 2017
If the money coming to you was from an insurance policy, it may not come through the estate at all. If you were a named beneficiary of an insurance policy owned by your boss, who has now died, that money should come to you directly -- outside of the probate estate -- and you should contact the... View More
answered on Aug 17, 2017
Maybe much more information is needed to answer your question. I suggest setting up a consultation with an experienced lawyer.
answered on Aug 17, 2017
You need to repost your question under the New Jersey ask a lawyer section, since the property is located in that State.
My grandfather passed away in NJ 6 years ago. He left his sister (my great aunt) as the executor of his will. My mother read the will, since I was too young to read it, and found out my grandfather left my younger brother and I money that will be distributed in payments starting at the age of 21.... View More
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answered on Aug 10, 2017
You need to get an attorney involved, based on these facts. Go to Super Lawyers, look up Lawrence N. Lavigne, 908-687-7750. If he cannot handle your matter, please ask him for a referral.
I don't have the money to fight. I want to just GIVE UP. How do i do that short of committing suicide?
answered on Jul 25, 2017
Unfortunately, Yes the people who are suing you will go after your estate, just because your dead does not mean that you did not die with assets.
My mother was a 50 year resident of New Jersey but died in a nursing home in Pennsylvania. She made her PA friend the executor of the estate and left that same friend 50% of the estate and me (her only child) 50% of the estate. I live in Florida and this executor is not responding to any of my... View More
answered on Jul 23, 2017
You will need to contact an attorney in the jurisdiction where the probate is pending. Your residence does not allow a Florida lawyer to advise you. Best of Luck! Jennifer
I recently requested information on the probate proceedings of a friend’s estate. The entire proceeding totals 42 pages (my father’s estate was 9 pages by comparison). Does the number of pages in this proceeding suggest anything about either the size or scope of the estate? The probate... View More
answered on Jul 10, 2017
If a person dies without a will and dies without relatives the probate proceeding can get rather complicated and thus the reason for so many pages. This should serve as a learning point that everyone should get a will.
I am a beneficiary to property (condo) in NJ. I live in another state, but the executor lives in NJ. The executor has not probated the will and has a family member living, rent-free on the property.
My question: If something happens to the condo (e.g. a fire) and there are damages to... View More
answered on Jun 29, 2017
If you are not a CURRENT owner at the time of a loss, no you can't be made responsible retroactively. The ESTATE should be charging some sort of rent -- even if that is just 'pay the taxes insurance and utilities while you are there' and there SHOULD be insurance to cover any losses... View More
The brother(B) has a wife that he was separated from when he died. Brother (A)'s mother is still living.
answered on Jun 27, 2017
And your question is 'who takes brother A's estate?
Answer: Unknown. The facts you present aren't enough to answer the question. PLEASE consult with a local attorney who can look at ALL the relevant documents and discuss the situation with you to determine what happens next.... View More
He does not have a will, is divorced with children and has no other assets for burial. His share of the inheritance is less than $20,000. I would like to use his share to pay for his funeral and give the rest to his children.
answered on Jun 5, 2017
If he dies without a will it puts you in a bad situation. Tell him to get a will immediately. Most of us attorneys charge less than $1000 for a will
Am I now the sole heir to my fathers Estate? Would I be entitled to my sisters interest in this regard making me the sole heir to my fathers estate going forward? Is there a NJ Law (statute) that applies here?
answered on May 15, 2017
Everything is dependent on what the will states. A lawyer would need to read the will to tell you what your rights of inheritance are.
How do I set up ownership with my brother jointly? I would like my family to receive my share if something happens to me. My brother and I will be joint owners. We will both be living in the house. There is no problem with distribution of her estate.
answered on May 13, 2017
Much more information is needed to answer your question as to which approach is better such as just wiling your brother the property or having him put on the deed as join tenants with right of survivorship. Other ways also exist but all of them will cost money.
Husband died Nov. 2016 with no will. We were married for 8 years lived together in the house for 10. He was ill for 7 years. Deed and 1st mortgage are in his name only, I'm on second mortgage and have made arrangements and pay on it. Mortgage company will not talk to me about 1st mortgage as... View More
answered on May 1, 2017
Unless you are appointed executor of his estate or was left the house in his will. Thus because he died without a will you will need an attorney to establish what rights you have in Probate Court before attempting to sell the house.
of two brothers - one deceased the year of the foreclosure. Can the surviving brother sue the estate of the other brother for partial repayment of the unpaid balance on the loan?
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answered on Apr 10, 2017
A Final Judgment of foreclosure can sometimes be vacated based on excusable neglect. You need to retain the right type of attorney and there are not many of them. Only a mortgage foreclosure defense and bankruptcy attorney has the expertise to prevent you from having more problems than you can... View More
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