Get free answers to your Probate legal questions from lawyers in your area.
My sister, exe of my parents will probated the will after I took her to court for NOT probating the will. She listed only 20K in the bank account and the house. I have bank records showing my parents had much more then 20K and she also was taking 5 k a month out of the accounts AFTER my dad was... View More 
answered on Jan 24, 2016
Removing the Executor of a Probate Estate
By Kenneth A. Vercammen, Esq.
In New Jersey, the court and surrogate do not supervise how an executor or administrator handles the estate. Unfortunately, the Executor occasionally fails to timely carry out their duties. They may fail to... View More
My grandparents purchased a house in Puerto Rico and paid it off - My grandfather passed and I dont know if he had a will but if not, does the state of Puerto Rico keeps the house or does it go to my grandmother.. Please keep. Thanks
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answered on Dec 30, 2015
I am sorry about your Grandfather passing away. But you need to contact an attorney who is licensed in PR. Good luck.
Need to sell quickly due to inheritance tax. No offers as of yet. Home needs work. I will purchase but at below mrkt offer. If other members accept my offer ,does probate surrogate have to approve my offer, even if its way below appraised value or can any offer be accepted even if it's $1.00,... View More
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answered on Dec 19, 2015
Although you would like an easy simple answer, there is none. You would need to at least have a consultation with an experienced probate attorney. There is a substantial number of facts that an attorney would need to provide a meaningful answer to your questions. Good luck.
My 23 year old daughter was finally emancipated last July - court order, after having failed semesters and postponed semesters to prolong her alleged intention of going to college and maintain child support and college support for her father, the primary caregiver. Because of a glitch, this... View More
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answered on Nov 17, 2015
Are you serious? Of course that can never happen! This has nothing to do with the police or Probate Court which deals with "estates and wills".
One of her adult children is in charge of everything conserning her death and affairs. Her other child is a convicted felon and been estranged from her for many years. How do we make sure the felon doesnt get part of this settlement?
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answered on Nov 5, 2015
There is no way to simply answer this question. You will need to have at least an in person consultation with an experienced attorney. Good luck.
One of her adult children is in charge of everything conserning her death and affairs. Her other child is a convicted felon and been estranged from her for many years. How do we make sure the felon doesnt get part of this settlement?
answered on Nov 4, 2015
You write that one of her children is in charge of everything. Has this person applied to the court to be appointed personal representative (executor)? Depending on the intestacy laws in your state (that is, the state where your mother resided), it is quite possible that the other, felonious... View More
My father suffered a stroke in 2007 and has been cared for by my brother since. Dad died in April 2014 and brother has shown no records. Went to Court in June 2015 and got an Order to Show Cause with a 30 day deadline. Brother went out of town and did not provide records as ordered during my trip... View More
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answered on Aug 14, 2015
You must retain an attorney to bring a Motion before the Court to compel compliance. Good luck.
Im having doubts about the way the distribution of my father's assets is playing out in court and I am curious to know how would I dispute a decision ?
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answered on Aug 22, 2015
Your question as written does not make sense, please rewrite it.
We never filed probate, as I imagine most things were joint. Now we have found LOTS of unclaimed assets. (over $10,000) how do we claim them? They all seem to want probate. I sent copies of death certificates, but they are requesting probate docs. What do I do?
answered on Oct 1, 2015
If husband was the father of all children, he receives entire estate. see Source: See http://www.co.bergen.nj.us/Surrogate/BCSC_Intest.htm
The laws of the State of New Jersey provide for the assets of the intestate estate to be distributed to the next of kin by "intestate... View More
My grandmother husband passed away about 10 year now and the house they lived inin Puerto Rico has not been sold because he had children. Noticies have been sent to the children's latest know addresses and it have been in the news papers for the children to either claim or refuse their share.... View More
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answered on Aug 28, 2015
You need to ask an attorney in the Puerto Rico section. Good luck.
My aunt's house was sold in November and the funds have not been distributed. The lawyer said they are in a non interest bearing trust fund while the state audits the sale.
answered on Jan 24, 2016
Administrator needs to file inheritance tax return and obtain tax waivers. NJ Inheritance Tax
The NJ Transfer Inheritance Tax recognizes five beneficiary classes, as follows:
Class “A” - Father, mother, grandparents, spouse, child or children of the decedent, adopted child or... View More
No will there was ins that was left to my 2 sons and was used to bury her. Her house was in process of forecloser prior to her passing, has money in the bank, she also was raising 2 autistic granddaughters with no prior arrangements for them I have had them also. I offered to be a administrator... View More
answered on Jan 24, 2016
become administrator of estate and get court approval. Litigation Involving Intestacy
Intestate Succession
When no Will exists, Real and Personal property is not distributed according to the decedent person's desires. Rather, it is distributed according to the statutes of New... View More
My mother died intestate. I have 2 siblings and my brother has judgements, not against the estate property. When my husband and I went to close, we found out these judgements and title company won't issue title insurance due to these debts. He already owes estate that he incurred while mother... View More
answered on Jan 24, 2016
his name is not on deed, but as interest in Estate. If title co will not insure without payment, sell property and have title co hold money in escrow.
1. We need to prepare
(1) Deed
(2) Affidavit of Title
(3) Affidavit of Exemption if senior or sale price less... View More
answered on Feb 28, 2016
NJ does not have a law to "waive a marriage" . suggest hire an attorney to research annulment. EFFECT OF DIVORCE, ANNULMENT, AND DECREE OF SEPARATION on Wills and Estate Planning.
Uniform Probate Code
(a) An individual who is divorced from the decedent or whose marriage... View More
if I couldnt fix it. I told my mechanic the car has sentimental value and wanted to spend the money to fix it. I put over $1500 and waiting for computer part to arrive. I had to search all over the country for a used part because they dont make these parts anymore. His niece is the executor by... View More
answered on Jan 24, 2016
If nothing in writing person usually loses in court.
Bills such as mortgage, taxes, utilities, etc.
answered on Jan 24, 2016
If the estate does not have sufficient assets to pay liabilities, below is the NJ Court Rule dealing with Proceedings When Estate Is Insolvent. It is an expensive process.
NJ Court Rule 4:91-1 Proceedings When Estate Is Insolvent
4:91-1. Proceedings When Estate Is Insolvent... View More
answered on Jan 24, 2016
court rules and statute revised. best to just notify asap.
answered on Jun 23, 2012
Obviously you need to talk to a NJ lawyer. If the will does not provide an alternative executor, the state statutes will list which relatives have the highest priority to be appointed personal representative. A person with lower priority to be appointed personal represenative can apply to the court... View More
Please Help. He was a musician, very secretive... US citizen, but I also believe he had residency in Calgary. He passed away in Japan. All I have in my possession: my marriage certificate (got married in Las Vegas), his death certificate that the US consulate sent me in 2004 (i've been going... View More
answered on Jun 3, 2012
Although this may be frustrating, the investment company is actually following the law by not releasing information to you. Although you are the surviving spouse, this does not mean that you are automatically authorized to obtain information about your spouse's assets, but if there is no... View More
MY GRANDMOTHER DIED IF SHE HAD JOINT STOCK DOES THE OTHER PARTY JUST OWN THE STOCK OUT RIGHT.DO I GET ANY IINHERITANCE FROM HER SHARE OF STOCK ?? I AM A beneficiary IN HER WILL...?????
answered on Jun 3, 2012
Typically, if the stock was listed as "Joint Tenants" or "Joint Owners" or "Joint with Right of Survivorship", then the joint owner inherits the stock. If it was listed as "Tenants-in-Common" (which would be rare) and there were no payable on death... View More
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