Get free answers to your Probate legal questions from lawyers in your area.
I know he has property that is all I know. Is this automatic by the state or?
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answered on Jan 8, 2020
It's not automatic. You need to hire a probate attorney near where your uncle died to probate your uncle's estate. Usually the legal fees and court costs and executor's fees are paid by the estate.
My father just passed away. He was married at the time of his death but not to my mother. My mother passed away 16 years ago and my father eventually remarried. My father had no will. He owned his house outright before he married his current wife. This is my childhood home that he and my birth... View More 
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answered on Jan 4, 2020
In New Jersey, if a person dies without a will (which is called dying "intestate") and leaves a surviving spouse plus children from a previous marriage, the surviving spouse inherits the first 25% of the decedent's intestate property -- as long as it is not less than $50,000 or more... View More
My aunt just died interstate and my dad (with dementia)..is the last surviving sibling. There are 18 nieces and nephews. My brother is my dad‘s power of attorney and been depleting his funds for the last five years to live on and take himself out of pre-foreclosure. Now that my dad has an... View More
answered on Nov 25, 2019
It sounds like you are on the right track as far as what needs to be done.
In short your brother does not automatically get to act as the administrator of the estate. He would have to be named the administrator by the Surrogate court.
You should sit down with an attorney to go... View More
Executives were co executives daughter and grand. We hired a lawyer cause we were told there is no money left. All we asked for was to find out where the father's money went. Also poa was gotten illegally of the wife. Hired the layer we ask to get poa removed which was done illegally and he... View More
answered on Nov 21, 2019
I am sorry to hear about your situation. You need to bring all of the documents to an attorney that understands NJ laws regarding guardianship and probate. There are too many questions that need to be asked of you to answer in a public forum. The attorney will definitely need to go over all of... View More
answered on Nov 3, 2019
Responding from a New York perspective, if all four parties cannot agree, if your father passed and had a will, the world should be probated and the executor would then have the power to sell. If he did not have a well, and administrator could be appointed, preferably one of the four children, and... View More
answered on Oct 21, 2019
Hire a lawyer you may have to disolve the LLC and sell the property if this wasn't planned before.
My aunt had passed away in NJ in 2014 leaving a life insurance policy of $17,000 with 2 beneficiaries. The beneficiaries are her two siblings, one being my father who had passed away in 2015. My surviving aunt, also a beneficiary (executor of my deceased aunt's estate) has already claimed her... View More
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answered on Oct 4, 2019
If the small estate affidavit is done correctly, the check should end up being made payable to your father's heir(s). If you are his only heir, then it should be made payable to you. You should hire a local probate attorney to help you with you. It is a fairly simple matter and should not... View More
My dad inherited property which is being lived in by a family member. My dad also received an inheritance when his mother passed away. Since he lived most of his life in NJ, must I go through probate process in both NJ and PR? He did not have a will and death was sudden and unexpected.
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answered on Oct 4, 2019
You need to hire a probate attorney in PR for certain, because the main probate occurs where the decedent resided when he died. You will also need to open an ancillary probate in every other state in which the decedent owned property, using local probate attorneys.
This is just one of many... View More
and now my step-father passed away. On his will he has his son being the one to get the house. Am I entitled to my mom's half of the house
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answered on Sep 18, 2019
It depends on EXACTLY how the house was titled when your mother passed. It might have all gone to your step-father and then to his son pursuant to his will, but there are a myriad other possibilities. Show the deed and the two death certificates to a local real estate attorney or a local probate... View More
The will names 2 of the 3 natural children. A copy of the will was sent to estranged son.
answered on Sep 11, 2019
Maybe an attorney would need to read the will to tell you what you're entitled to
There was NO WAY my grandma was coherent to grant that. Then the day she died, I believe he went to the bank and cashed her 2cds from 1950 and emptied her checking and savings account out. The following day after he did that he told me I could have whatever I wanted out of the house. When I got... View More
answered on Sep 9, 2019
If you're grandmother was incompetent when she signed the POA, then it wouldn't be valid. Proving that could be tough and expensive. However, the cost of the litigation, if you have a valid basis for bringing it, might be payable by your grandmother's estate.
Did your... View More
that could potentially affect my credit. Both parents died in 2017 with NO wills. They both have massive amounts of medical debt and there is a mortgage on the home. I'd prefer not to move from the home and am named as an heir by the mortgage company (and named resident) and am contemplating... View More
answered on Jul 16, 2019
You can just pay the mortgage. The bank does not care where the cash come from. As to the debts, you are not liable personally. If the debt exceeds the asset value of the estate, there is no benefit to an estate.
My mother would like to give me my late grandmother's house. The estate is still under probate, my mother is the executor and sole named beneficiary. Can she do this as part of the estate, so that it is not subject to gift tax?
answered on Apr 29, 2019
That’s not really a family law question. You should consult with an accountant
My Case No. 17-CV-106 in Rusk County used the same defense against my estate to get dismissed from the action . My case is on CCAP and I would like to know how it relates to Judge Andersons reasoning and Oral decision . Please call me at 860-460-7399 . Thank you , Hugh F. McCaffery , Jr.
answered on Apr 25, 2019
If you are wondering why lawyers here on Justia frequently advise people to consult with a lawyer who handles their issue it is because Justia is a free online legal forum established to allow members of the public to ask general legal questions. Most of the lawyers are very experienced successful... View More
answered on Apr 13, 2019
In general, It is the duty of the heir or the person desiring original letters of administration to make application to the Surrogate of the county in which the intestate resided at death. It is an easy process, if the person has little in the way of assets, but you may still want to have an... View More
My sister's friend didn't pay for taxes, last bill, or property taxes. She is no where to be found. I have sent certified notifications to her last know address with no response.
answered on Apr 15, 2019
If an executor does not pay bills that are owed by the estate and then steals money from the estate, a beneficiary of the estate can bring an action in court against the executor. If an executor fails to act under his duties and obligations to the estate, the beneficiary should seek to have the... View More
My sister and I each inherited 1/4 of a vacation property in Brigantine NJ upon our father’s death. Our mother owns the other half. My sister and I have been paying the mortgage for 5 years now and we want to invest a large amount of money on repairs and improvements. We want to buyout our... View More
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answered on Mar 30, 2019
Your question is far too fact specific and beyond the scope of this forum. Your situation will require an in person consultation and detailed analysis. This is beyond the scope of what most attorneys would handle in a free consultation. This is a very complex situation, more so than you probably... View More
My sister and I together inherited half a summer home from our father. Our mother owns the other half. We want to buy out our mother and we have the funds to cover her half of the equity. But we can’t get a loan to cover the remaining mortgage, because the property is a duplex, not our primary... View More
answered on Apr 1, 2019
There are at least four different but related legal issues involved here. One of the answers includes practical advice which if followed could eliminate all other issues. Consider hiring a good lawyer to help you chart a path through this minefield.
We are included as equal hiers in his final will/testament, without clear written distinction between his own biological children or ourselves.
answered on Mar 17, 2019
You definitely could be, an attorney would need to read the Will to tell you with any certainty.
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