Get free answers to your Probate legal questions from lawyers in your area.
No surviving spouse, just his kids. One sibling has been living in the home with him before he was transferred to NC taking care of him and continues to live the family home. We kids are all amenable and just want to figure out whether we must probate to legally convey Dad's real property to... View More 
answered on Mar 21, 2018
Although you can ask a question on this site it is not designed to give specific legal advise. For that you will need to pay a lawyer. What I can say which is general in nature is that probate at least in NJ is required in NJ when the person is a resident of NJ and has assets.
answered on Mar 20, 2018
If he owned the house prior to his death yes they may be able to get part of the house.
Does his parents and/or siblings have any rights to the house? We live in N.J.
answered on Mar 18, 2018
Yes they do have a right to part of his assets, and thus the reason, I hope since you have kids that you will get a will also. When you die without a will sometimes its not the people you want end up with your money.
He never married and I am his only child. Should I be entitled to his belongings and any money he may have had.He was not rich but he had belongings; the stuff in his apartment, small bank account and I think Social Security may owe him money
answered on Mar 12, 2018
You need to go down to the surrogates office and file to be appointed the administrator of the estate if someone has not already done that. The court will then determine who is entitled to his assets.
The surrogate increased my bond for this account. I just do not know if i will get anything out of it. They were unmarried and my mom was his power of attorney.
answered on Mar 11, 2018
More information would be needed to answer your question. Unfortunately since this is an involved case you would probably have to pay a lawyer for the proper answer.
A family member is saying they can't find it. But is saying certain people are on it. But is strongly against going to the previous will
answered on Mar 8, 2018
IN general a will is not registered in NJ until after the death of the person. The person will, is the last will he wrote that is in existence, saying a will is written is not proof of a will.
Filed but now dismissed. I am the only heir. If I get administrator from surrogate
Court - can I then stop the auction this is in Union county NJ b
answered on Mar 5, 2018
You will need to move quickly. As of 2014, the Consumer Financial Protection Bureau has a rule that makes it easier for anyone who inherits a home to get on the mortgage and qualify to make payments. Federal law also prohibits lenders from requiring the loan to be paid in full whenever a mortgage... View More
My father and his brothers all grew up in that house and lived there (1960-2005) I even grew up there til he died in 2007. Why does a women who we only knew for a short period deserve the right to own our family house.. can we get it back if she passes.. is there any way for us to legally get it... View More
answered on Mar 6, 2018
Thank you for your question. I know how worried you must be about your family home.
The short answer is possibly. I believe however that this question is better answered by a lawyer who specializes in estate law. Please feel free to re-post your question in the estate section .... View More
My mother passed in August. I was named the executor and have found out that she has about $200 with PAI and $8000 from the state of New Jersey. There are no other assets and the debt she has is more than her total asses. Ford has repossessed her car and creditors continue to call. The house she... View More
answered on Feb 28, 2018
You will want to start by contacting a probate lawyer in the State that your mother was living in at the time of her death. They can help you figure out if you should do anything to collect her assets at this point. It may turn out to be a waiting game. At some point the debts that were not... View More
I need to ask Lawyer involved to Comply with a Court Order
answered on Feb 21, 2018
You would file a motion the same way you would in Civil court, it would just go the Judge who handles Probate. Examples can be found on the County Court's website.
I am being asked to give evidence of all financial transactions made since the date of death (4/21/2016). If I need to do this, am I able to give copies of the Inheritance Tax paperwork or the bank statements, or do I have to copy the bank ledger? Thank you
answered on Feb 21, 2018
Depends. Towards the end of the probate process you do an "accounting" which lays out all of the money that has come in and gone out of the Estate. If all of the beneficiaries agree you can waive this, and just go straight to the R&R bonds.
The person that has power of attorney of now deceased and I do not talk and therefore they only have my phone number and old address. How will I be contacted in order to get my inheritance?
answered on Feb 9, 2018
They canme do a skip trace to get your address, but they may not, thus your best bet is to send this person a certified letter with your contact information.
answered on Jan 17, 2018
You need to ask your question in the state that your filing in
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answered on Jan 16, 2018
No, you must file in NY, which is were he died and where the property is located.
Never went through. We were not notified. It was put on my mothers online account. She was legally blind and would not have know how to Check that . What can we do to claim
Her stock. It has now increased in value . How long before the value goes to
The state?
answered on Jan 8, 2018
Just contact the company. They will send you the correct forms to fill out. You will likely need to fill out an affidavit of residence and provide the death certificate and letters of administration. You will also likely need to have some of the forms authenticated with a "medallion... View More
illinois. She died after being there about 2 weeks. She never changed car registration or license from north carolina. How can I gain access to the property she had which is under $20,000 ?
answered on Jan 5, 2018
You will likely need to probate your sister's estate. If she actually established residency in Illinois, that's where you will need to probate the estate.
Some states have special rules for smaller estates. I don't know if this estate qualifies for that.... View More
Father's will states house must be sold after 6 months but financially independent adult sister refuses to move out or let realtors inside. What NJ laws deal with a situation like this? Sister is not paying rent. The estate is paying all the bills to keep the house going, like electric, heat,... View More
answered on Jan 3, 2018
It sounds as if the Estate needs to file an action to evict the recalcitrant sister. Does the Estate have an attorney? They can certainly help with the process. If not, YESTERDAY was the time to hire one.
If the sister is the one in charge of the estate, then someone else needs to petition... View More
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