need a separate Notary or seal because in NJ he is considered a Notary and his signature is enough. My research supports this but also seems to indicate we should get it additionally notarized. Please advise. Thank you.
If it is a self proving will which is being acknowledged by a notary public then in that event a seal should be affixed. If the will is acknowledged by a NJ attorney, only the attorney's signature is required.
I have full power of attorney of my elderly mom. She is not capable of handling finances on her own but my sisters have brainwashed her into selling her home as I've been busy with my career. My mom doesn't want to believe she is incapable of making financial decisions and my... Read more »
You have the right to exercise any power that is listed in the Power of Attorney. If you have a specific question how broad is the Power of Attorney's language, please consult with an attorney in your jurisdiction.
Both companies are no longer around to show what happen to that assignment . However in 1986 a mortgage is showed and discharged with another company that’s no longer around. Reached out to company that it merged with and they have no record of the property. Through research all patterns show... Read more »
Parent and Child is on the Deed . Parent dies and left Will with Child as Executor and 100 Beneficiary. Is there any reason the Will would have to be probated ? Doesn’t the survivor assumes 100 percent of the property is Deeded to both?
There is no way to avoid probate and you will have to have a new deed recorded. Whether or not there is a mortgage may raise additional issues. You really need to have a virtual or in-person consultation with an experienced attorney. Good luck.
In New Jersey: 92 year old mom asking for legal document stating my husband & I (we are both over 55) are NOT RESPONSIBLE for paying ANY of her debt, bills, medical bills, nursing home bills, etc. Nor will we participate in some kind of "Trust" she is setting up. Oldest brother is... Read more »
You will be responsible for all debts incurred by your mother if you signed as a co-applicant when your mother applied for credit cards. You will also be responsible for all credit extended for which you cosigned. In addition you along with siblings may be responsible for debts incurred if your...Read more »
My father wants to have my family (my spouse, 2 children and myself move into his home). We would sell our own home. He stated he will be adding my name to the deed. Not sure if it would be sole survivorship. In either situation, what would happen if I passed away? Would my children and spouse get... Read more »
The answer to your question depends on the interest that you will be getting in the new deed that your father is preparing. If the deed is a joint tenancy with the right of survivorship, then assuming you survive your father, you will get the entire property. If it is a tenancy in common, then you...Read more »
I am one of two beneficiaries of an estate. We're at five years and counting, and I have been represented by a NJ lawyer on this matter as I live out of state. I was notified of new assets one year ago by executor via my lawyer, who was unable to provide any additional details. Assets entered... Read more »
we have many credit card companies and debt collectors sending letters of condolance and saying she owed money but it is past the 9 months and we do not have enough funds to pay them all, can we distribute what is left legally to the heirs?
Debts of the decedent must be paid y the Estate before distribution the the beneficiaries. If any or all of the beneficiaries signed the credit appiication, that person will be personally liable for the debt.
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.
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