There are two set of rules here. First, the rules of the business entity (operating agreement, bylaws, partnership agreement, etc.), and the Florida Laws. The interest in the business entity sometimes has a transfer on-death provision. If the interest in the business passes to a certain beneficiary... Read more »

It sounds like her estate is comprised of debt as opposed to assets and presuming I am correct, not sure how you can take what remains of her assets to pay for her funeral costs while not using that same money for payment of her outstanding secured debts ( ie child support).

While your... Read more »

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answered on Apr 11, 2023

You said the grantor conveyed a life estate to the grantee but you probably meant "grantor**." Anyway, provided the earlier deed was recorded (you did not specify - you only said you had it) the grantor's Will matters not because AT MOST he retained a life estate that dies with him,... Read more »

Unless you are willing to give them all your assets now a living trust in NJ doesn't really accomplish avoiding probate in most cases in NJ. They are great outside of NJ, but not in NJ and thus the reason they are rarely used in NJ. Other process's however may accomplish your goals.... Read more »

Firstly, probate in NJ is very simple and not complicated. I do not suggest irrevocable trusts as life is uncertain. With an irrevocable trust, the grantor (creator of the trust) loses substantial control of the assets. Thus as life's needs changes, the grantor may not be able to change the... Read more »

Are you referring to a release and refunding bond or another document. If a release and refunding bond, you may insist on amending the document so the release excludes waiving any rights against the executor for improper action but the refunding bond should be signed if written in the traditional... Read more »

The first issue is that you failed to indicate in which NJ county the property is located. The best solution would be to retain the services of a local attorney who has estate and landlord - tenant experience as there may be other choices in addition to ejectment such as a partition action.

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 4, 2023

It is important to be cautious in situations like this. Scammers may try to use inheritance or other financial schemes to trick people into giving them access to their money or personal information. It is important to never give out personal or financial information to someone you do not know and... Read more »

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answered on Nov 25, 2022

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.

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 »

Your mother is 92 years old and your oldest sibling is in charge of her financial affairs and he refuses to answer any of your questions as to the status of her assets and expenses and you are therefore fearful that she will pass leaving debt.

I am guessing that there was a discussion... 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 »

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.

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.

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 »

Start off with the presumption that your brother cannot evict you.

I presume that you were living in the house with your mother for the past 38 years; during which time, your mother never evicted nor sought to evict you from the home.

I presume also that now that your mom has... 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 »

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.