My husband is her only heir. He and I declined to take on any assets (namely her home and car) and we declined to administer the estate. A debtor is now suing for foreclosure and we are receiving endless summonses because we are named as heirs/interested parties. Do we need to answer these summons... Read more »
Whether or not you are willing to accept or be responsible for any interest in the state, you have an interest which needs to be addressed in the foreclosure action. You will continue to receive information. If you do nothing, at some pont in time, the plaintiff will seek the entry of a default in...Read more »
I suggest you setup a consultation with a lawyer. You have more than a simple question here and a lot will depend on who you are in the will. For example are you executor or just a beneficiary. As for tax liability that should be asked to a CPA
Logistics will require coordination with prison/jail security. Generally speaking if one is serious about the execution of a power of attorney or any other estate planning documents, then one ought to seriously retain an attorney to draft and oversee the execution of the instruments.
I live in my moms place in New Jersey and have been for 38 yrs now he’s trying to kick me out since he says he’s power of attorney!! If he isn’t poa can he legally do this to me ? He won’t show me the document that he’s power of attorney either
Yes, he should show you proof of his authority as deputy under the power of attorney. If your mother is suffering from dementia and has been diagnosed, the power may not be valid if executed when you mother was not considered to be capable of executing legal documents. You should speak to an estate...Read more »
That would be practicing law without a license. "Template" legal documents are rarely worth the paper they are printed on. If your friend cannot afford a private attorney, then that person needs to contact NJLS or law school legal clinics.
When I was 13 or so, my grandmother passed away. For perspective, I am 21 now. She left the family with an estate worth X amount. Seeing as though I was only 13, I was never contacted about anything regarding the estate and never knew anything about it. That being said, the estate took many years... Read more »
The short answer is that the estate documents should have referenced the appointment of someone on your behalf since you were a minor and entitled to receipt of benefits under the estate plan. I dont know what complications took place causing an 8-year delay in winding up the estate but that may...Read more »
One was handwritten around 2007, maybe earlier. The other one was written in 2014. The first list contains a necklace that was given to me, by my mother in 2014. My mother passed Dec, 2021. The other sister says it’s still part of the list and wants it back. I strongly disagree.
Sounds like you have the item and it was on the later list so it sounds like you have the right to keep it. But a lawyer would need to review all the documents and the estate documents issued by the probate court to tell you anything with certainty.
My sister passed away and I am the one who managed her trust (approximately $250K). It is to be split between me and two brothers. My question is, do I simply distribute the trust, a third each and have each of us 3 declare the inheritance and pay taxes at our year end taxes, or does the trust pay... Read more »
You really need to retain an experienced Probate attorney, who will know how to handle the provisions of the trust. This is a legal question, not an accounting question. Only attorneys are licensed to give legal advice, not accountants. Another type of attorney you could consider is an Estate and...Read more »
Hello-I was engaged to my fiance who has passed away. We shared his house for the past 2 years, but I was fully moving in this month. I had 1/2 of my belongings there. We were to be wed in September of this year. My son and I were in the process of moving in and had boxes everywhere. My name... Read more »
Have you spoken with his children as to that text? I would find out if they are ok with you getting the house. I would also meet with a lawyer who specializes in estate planning, to review that text to see what steps you need to take at this point. Rest assured that his first question will be...Read more »
I am married and relocating to NJ. I plan to purchase a home in NJ. I will be putting in approximately 90% of the funds to buy the home and my spouse only 10%. We're buying the home cash without a mortgage. Question 1: can we specify in the deed the respective ownership % of each party?... Read more »
New Jersey is an equitable distribution state. You can seek to obtain an experienced matrimonial attorney to prepare a post nuptial agreement that embodies the terms you mentioned. You should also consider the alternatives, which include taking a mortgage and putting down an equal amount or do not...Read more »
My mom is 90 years old and she has a will. I keep on telling her I think she should get a trust, I think it’s called a living trust. She has six children and everything is to be divided equally. Is a will sufficient
The honest answer is that a good Will is all the most people need. Why? A properly drafted living trust generally costs several times what a Will generally costs upfront and over your lifetime. Thus, the reason you will see most poor and middle class people use Wills and many of the Rich will...Read more »
Dad passed years ago but houses were not distributed or new deeds were not done so now that mom passed the houses are still in his name. Are they considered an asset of her estate? Would they need to be listed on her estate paperwork in the US? Or is US and PR kept separate? We will need to use... Read more »
Whether the assets are part of your mother's estate will depend on how title to the property was deemed to have passed at your father's death. If title passed by operation of law to your mother, the property is part of your mother's estate. It may be used for any lrgal purpose by the...Read more »
My wife and I are separating and she will be moving out of the country. What documents do I need to get her signed before she leaves so I can sell the house later? Is there a possibility to remove her name from the deed?
It is very easy to do. Make an appointment with an attorney to prepare a deed which she signs along with several other documents required for transferring title. The attorney hold the documents in escrow pursuant to a written escrow agreement which calls for release upon sale of the property.
Nobody can answer this question for you. This is entirely for you to decide.
Maybe think of who you consider to be your favorite person in the world, the one you would want to receive these benefits if you were to suffer an untimely death or, if there is no such person, a charity that...Read more »
My father died in 2020 I am next blood relative. He was named in his mother's will for his inheritance. I have been kept out of most of the happenings but understand that most of the inheritance was based on the sale of her home. The home sold and while I understand there were costs involved,... Read more »
Your situation is not simple and you really need to consult with an attorney for advice regarding your particular circumstances. If you do not assert your rights in a proper and timely fashion you will lose them.
As a general rule, no, family members are not entitled to be compensated out...Read more »
We are not supposed to give you specific legal advise on this forum, for that you need to setup a consultation with a lawyer, but the law that answers your question is at 3B:5-1 thru 16. I hope this helps.
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.