You never need a lawyer for anything, but if you want it done right and you don't want to end up in court paying a lawyer several hundred or even up to $1000 dollars it is the smart way to go. A few dollars today, can save you tens of thousands later. As they say don't be penny wise...Read more »
My sister in-law filed for divorce from my brother while he had ALS. My brother died before the divorce was final. My sister in-law remarried shortly after. Her new husband adopted my niece & she now goes by her adopted father's name. Is my niece still entitled to family assets when my... Read more »
She excluded my 2 brothers and 2 cousins also. 2 sisters, 2 other cousins, 1 niece and a neighbor were named, as well as her brother ( my uncle). 40% to uncle and 10% to the other six. Her will was executed in Hackensack, New Jersey. what recourse if any do I have to contest the will that I was... Read more »
In NJ a person can leave their estate to anyone they want. The only person they must give something to is their spouse as they are entitled in most cases to an elective share. That being said we don't know your case so speak to a lawyer to see what if any rights you may have.
Maybe, much more information would be needed to be know to answer your question starting with a review of the original deed and the relationship of the parties etc, etc. etc. Setup a consultation with an experienced lawyer, it may cost a few bucks but you will get the information you need to give...Read more »
I have a friend who was tricked to signing a power of attorney because they were together 5 years and now she has control of his business and finances and he has no way to end it because he would lose everything if he walks away or ends their relationship. He told her he would marry her if she... Read more »
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...Read more »
I am permamently disabled and cannot leave my home. I have an important document that needs to be notarized to be given to a Surrogate Court. Since I cannot physically go to my local bank that has a notary agent on staff, is there ANY other way to have this procedure accomplished?
You deliver a notice to anyone who has possession of the POA and everyone who has ever been provided a copy, telling them that you have revoked it. It would be best to send it using a method that requires a signed receipt or at least has tracking, such as certified mail return receipt requested or...Read more »
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...Read more »
I’m POA/POD. Her home is paid for. Mom has 4 bum kids over 55. My mom didn’t want her bum kids getting any of the money from the sell of her home she wanted it to go in trust. The other siblings will offer no resistance to the sell of the home.
You need to go through the Probate process. You will need her death certificate. You should also get the other kids to sign off on you being the personal representative for the estate. Since there isn't a will you would have to get a bond to serve as the personal representative.
Yes your child can gift the money back to you. It would be a taxable gift but the odds are no gift tax will be owing due to a lifetime gift tax exemption in excess of $11 million per person at this time.
You need to schedule a personal consultation with a probate attorney and provide more facts. Disclaimer might not achieve the result you want because it results in your children being deemed to have predeceased your mom with the result that the funds would go to persons other than you, depending on...Read more »
I am very sorry to hear that your husband passed away. Typically, if your spouse dies without a will, you would take his death certificate to the court and apply to be appointed as the administrator for his estate. The Surrogate's Court would issue you Letters of Administration. These Letters...Read more »
The starting point is the document itself. For estate planning purposes, a person can sign a document called a "power of attorney" ( POA), which, under certain conditions, gives that person the authority to step into the other persons shoes and handle his / her financial affairs ( among...Read more »
Does this also include decisions over her finances? Should there also be a POA for her finances? And does it restrict any family (children particularly) from knowledge of her health or financial decisions? Thank you.
My father passed away in the spring of 2019. The executors are finally sending myself and seven siblings the proposed settlement of his estate. I think I'm getting a bad deal. How long do I have to contest or challenge the settlement proposal?
Talk with an attorney to go over the settlement. Most attorneys will give you a free consultation. It is better to have someone that deals with these situations on a daily basis give you an opinion. If you feel something isn't right you owe it to your self to get a second opinion.
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