Get free answers to your Probate legal questions from lawyers in your area.
When a Will is created, is it filed anywhere so heirs can get a copy? There is a prior Will that her son took her to have drawn up, which he likely still has a copy of. Then her son took all of her life savings, putting her in financial ruin. So, she changed her Will after that with a different... View More 
answered on Jun 15, 2021
A will is necessary for probate in order for an individual named as executor to qualify. Other wise the decedent is considered to have passed intestate. The Court will appoint an administrator. A bond, in an amount set by the Surrogate must be obtained. The Estate is then distributed in the manner... View More
Family is searching for the latest Will. Nobody remembers the attorney's name to try to find her to get a copy of the Will. Can the lender call the loan due and/or foreclose on the house before the estate goes through probate? Can anyone else who lived in the house taking care of my... View More
answered on Jun 14, 2021
My best response is that you have raised many important issues that require extensive responses which are beyond the scope of the platform. The best thing to do is retain the services of an attorney who is familiar both with real estate law and probate law.
When they married her 2 children were grown and out of the house. They never lived with my father and nothing was ever in their mothers name. There was a joint account that only my dads money went into and the bills were paid from and she had her own account that her money went in and she spent. We... View More
He already took her 2 friends estates. She got angry and devised a new will. A lot of $ involved.
answered on May 30, 2021
This person obviously knows what he is doing so you better get a good lawyer to make sure he doesn't win.
... what country's laws apply when it comes to inheritance concerning the land owned in the Philippines?
answered on Jun 2, 2021
This is a question for an estate administration lawyer. Please contact an estate administration lawyer for assistance.
If Obtained can I file the compliant/order myself? Surrogate court does not provide the forms! A court clerk informed me that the forms are not available online. I still searched for hours to no avail. I don't qualify for low income legal assistance and can't afford $5,000+ to pay a... View More
answered on May 14, 2021
Although you have an absolute right to represent yourself in the Courts of NJ, my best advice is that you speak to an attorney, From reading between the lines of your question, I sense that the issues involved are sufficiently complex and, thus, require guidance in the complexity of probate... View More
answered on May 3, 2021
The answer would depend on many factors the first and most important is what's in his will if he has one if not this will be a long process.
My grandmother believes that she is the rightful owner as the next of kin. However, I am trying to locate any documentation that proves same as Hurricane Maria heavily damaged the home.
answered on May 3, 2021
It would be wise to speak to an attorney here in NJ who is also admitted in PR and familiar with PR probate proceedings.
answered on Apr 7, 2021
His state. Does he have anything to be probated in NJ or PR for that matter?
My dad left me the house, I cared for him 24/7 for 400 days. My siblings all own their own homes and never visited or came to funeral, but want the house. The house has a lean that I was paying
answered on Apr 5, 2021
I am sorry to hear about your loss.
So, 50 interrogatories can be high or low based on the case and what is being asked and why. Have one case where over 60 medical subpoenas are going out based on things that happened and multi years of multiple doctors. The interrogatories varied from... View More
answered on Mar 29, 2021
Tricky question. The key phrase if you dig into the law is "taken in by the executor." A non-probate asset may end up in the executor's hands. So a non-probate asset designated in a poor way may have to be probated. (Example: 401k beneficiary names a dead sibling. No secondary... View More
My father passed away and there was a prenup and his wife got nothing, it’s been almost 1 year since his passing and 7 months since the will was probated and I was made executor, she keeps asking me for things and if I don’t agree she threatens with these elective shares, is there a time limit... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 1, 2021
No one can answer any questions about the "elective" shares, without reviewing them. If you were previously represented by counsel, then you need to contact that attorney. If not, you are going to need to retain counsel to resolve this matter. During this pandemic, you have a choice of... View More
Trying to help mom through these last few steps. The bank has made her husband's bank non-joint account an Estate of [his name] account. We have read that, if the decedent did not have valuable property over $20,000, surviving family members can take advantage of New Jersey’s simplified... View More
answered on Mar 4, 2021
Your mom would need to file the correct forms with the probate court in the county where she resides. If her husband had a will and the will named her the executor of the will, she would need to fill out the probate forms with the original will and submit it to the probate court where she resides.... View More
Im am the grandson and attempting to begin the probate process i assume...
answered on Jan 20, 2021
I am sorry for your loss. This question was pushed out to patent attorneys and does not belong there. I am responding so that the question it linked to the right groups.
My ex-wife passed away last week. She was rushed to the hospital and had no medical insurance. Our daughter is a full time college student, and has just turned 21. Is my daughter responsible for her mother's medical bills? Or any other bills? Such as back taxes her mother owed?
Am I... View More
answered on Dec 30, 2020
I'm very sorry for your family's loss. If you wanted to try reposting and adding Probate and Estate Planning as categories, you could have better chances of a response. There's no guarantee all posts are picked up, but it sounds like something where an attorney could give more... View More
there is only 60,000 left after bills but I am confused on the law when it says ...spouse gets 25% but not less that 50,000 or more than 200,000....Do I keep the 60,000 with out sharing or ??? Im confused
answered on Dec 4, 2020
I am sorry for your loss. The division of property depends on whether these are also your children or un-adopted stepchildren. If they are your and your husband's kids, you keep everything.
If you have step-children, you probably should talk to an attorney because the division of... View More
My father died intestate but he had no spouse but had 3 children from his ex spouse my mother
answered on Oct 29, 2020
This question is best answered by a lawyer who specializes in estate work - my suggestion is that you look for a lawyer who specializes in estates and trusts and schedule a consultation with him / her. I dont know how much money your dad had at the time of his passing or whether he owned any real... View More
Beneficiary has evidence to prove the POA/Trustee is breaching his fiduciary duties. Beneficiary hires a lawyer. His lawyer petitions the court for a discovery which is denied. Judge orders a deposition of the POA/Trustee. My lawyer failed to reveal a significant amount of info to persuade the... View More
answered on Oct 19, 2020
You didn't ask a specific question, I suggest that you seek an in office consultation to get a second opinion if you don't like what your lawyer is telling you or what he is asking you to do. That being said expect a lawyer to charge you for his time and advise.
Is there a probate hearing in Cape May County NJ and how does that work. What if I wish to contest the executor named in the will. My brother is one of the executors and I dont know if I can trust him. What is the requirement of the executor to share all financial records of my deceased mother.
answered on Oct 3, 2020
Speak with a lawyer a probate hearing is generally only if the case is contested. The will generally is just filed with the court and the executor appointed as per the will. The fact that you don't trust him won't sway the court much as the person that needed to trust the executor was... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
