Get free answers to your Probate legal questions from lawyers in your area.
answered on Sep 19, 2020
The decision will be up to your probation officer but generally you will need to live with your guardian who is generally your parents.
My son-in-law did not leave a will.
answered on Sep 11, 2020
Maybe, much more information would need to be known to properly answer this question, but the law would probably give her at least 25% See NJSA 3B:5-3(c)(1)-(2 )
Is my minor child or my bf mother next of kin
answered on Sep 7, 2020
More information would be needed to properly answer your question as you did not say whether your minor child is also his child.
Are attorneys able to get an audio of a court hearing that they're involved in fairly quickly?
answered on Aug 31, 2020
Yes, absolutely. For a $10 fee, it is quite simple to obtain audio of a Court proceeding. The audio file is usually provided by the Court within a couple days.
Deceased woman left a life insurance policy in her husband and son's name. The son was serving as her executor. Father told son her wishes were for him to divide it between her four children. He told dad he put it in his name because he didn't want to be taxed on it. His father said, in... View More 
answered on Aug 19, 2020
You never stated who you where so you may not have any case at all but the father may.
My mother died and left a life insurance policy with my brother and father's names on it. My father stated, she did this with the intentions of my brother dividing it amongst the 4 children. He claims he didn't want to be taxed on it so he put it in dad's name. He is my dad's... View More
answered on Aug 17, 2020
This is not a family law question but a question better directed to an estate litigation lawyer. It may be worth your time and money to sit down with a specialist to find out if you have recourse against your brother.
My mother in law passed with a will in NJ. One asset in her name, an IRA that transferred to her husband. One small bequest to a non family member ($2,500). All other assets jointly titled all passed to her husband (checking/savings, house)
Can the bequest be paid from checking account... View More
answered on Aug 16, 2020
The IRA probably had a named beneficiary so the will wouldn't matter unless the estate is huge.
And you are correct that the joint items passed to the Hubby as jointly titled. So, if he wants to write a check for $2500 it is up to him. However, he may be entitled to anything not... View More
beneficiary but i know he has a large amount of my husbands $. what can I do?
answered on Aug 6, 2020
Much more information would be needed to be known for a lawyer to advise you on what to do. I suggest you set up an in person consultation.
about a 2nd will that was probated without my knowledge or consent is this legal? In nj
answered on Aug 5, 2020
You need to talk to an attorney.
Only one will is supposed to be probated. Every reason for 2 or more Will's I can think of is complicated and needs an attorney.
Mother passed without a will (no spouse). I had no contact with her for 20 years, a month later (last week) my sister passed. My brother in law wants everything. I was willing to let my sister have it all. Never said that or signed anything stating that, I feel I am entitled to a part of my... View More
answered on Aug 1, 2020
If your mother lived in FLA upon her death you need to speak with a Florida lawyer to see what your rights are.
Her mother refuse to sign the papers to have the money move to a trust until my niece is 21. My brother signed but because they have shared custody the mother must sign. Do I have to get a lawyer to have the court make her signed the documents? She has no reason not to sign except to be... View More
answered on Jul 16, 2020
As an executor, you have duties to the estate. You are kind of in a pickle. Talk to a probate attorney to go over your options.
His son was living with him and wants to stay in the house. His Half sister says it’s ok but when he sells she wants half. How do I set that up? There are no other assets so how do I pay off his debts and end my responsibilities As administrator?
answered on Jun 27, 2020
You need to have a lawyer write up a new deed and agreement.
Estate executor used dealer "trade in" value as the basis for purchasing a vehicle for 7K that she had previously valued at 10-15K. Lawyer claims that because a dealer wrote a note claiming this is trade in value, it is now an appraisal that represents fair market value. I think there... View More
answered on Jun 18, 2020
It doesn't sound like self-dealing in regards to the facts given however you can always let a lawyer look into the case. It is common for cars to be sold at the trade-in value rather than the private party or retail value.
Stocks were sold recently and had a gain of over $100,000, for example.
answered on Jun 17, 2020
Yes. An executor is entitled to commission on the income from an asset of the estate. See New Jersey Statute 3B:18-13 which reads in part: Commissions in the amount of 6% may be taken without court allowance on all income received by the fiduciary.
I have the testament with me I would like to keep the property the property is in Cabo Rojo, Puerto Rico
answered on May 18, 2020
You need to contact a lawyer in Puerto Rico to see if you have any rights to the property.
Decided to delete the details
answered on May 17, 2020
I am sorry to hear about your situation. Yur first step should be to speak to an attorney about all of your rights and options. You really do not want to have your personal information discussed in a public forum.
Can this be contested? Would it go through probate?
answered on May 6, 2020
The short answer is that you need to have a consultation with an estate law specialist.... not a general practitioner who does some estate work. Here though is the question that he is going to ask since your dad is still alive. I presume that the house is in joint name between your mom and your dad... View More
i hired a lawyer six months ago but they are not getting any answers from their lawyers. Should I hire another lawyer ?
answered on May 6, 2020
I am sorry to hear about your situation. It would not hurt to talk to another lawyer about your situation. With COvid-19 many things related to the government have been put on Hold, so even hiring another attorney may not help at this time, but going over your situation with another attorney may... View More
Executor of estate or estate? There is also no next of kin to establish an executor.
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answered on May 5, 2020
The executor does not HAVE to be "next of kin". Anyone with an interest in the case can petition the court to be appointed executor, and then the executor can receive the life insurance proceeds and use the funds to pay expenses of administering the estate.
I can’t afford the mortgage by myself. I have a sibling that lives There and pays nothing. Now that my mom is gone refuses to pay anything.
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answered on Apr 29, 2020
I am sorry to learn of your Mom's passing. I know exactly what you went through. What you are going to need to do to solve this problem is to bring a partition action to enable a sale of the property. If your mom past without a will then you will need a Probate attorney in addition to a civil... View More
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