If she has credit card debt, will they make me pay them or make me sell the house to pay them if she has no money to pay them off?
answered on Feb 26, 2023
If you did not sign the credit application for the issuance of the card you are not responsible for the debt. The credit company can sue the Estate. Whether or not, they will have a lien against the property will depend whether you were tenants in common or joint tenants with rights of... Read more »
answered on Jan 31, 2023
The Office of the Public Guardian (OPG) is designed to act as a surrogate decision-maker for residents of our state who are 60 years old and over, who have been deemed incapacitated by a superior court judge. When a judge deems someone incompetent to handle his / her affairs, the court then... Read more »
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 »
answered on Nov 12, 2022
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 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 »
answered on Sep 27, 2022
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 »
My landlady made his son as an agent(POA), but he puts the elderly landlady at risk by implementing illegal actions of eviction. How can I protect my landlady from being held accountable for his son's wrongdoings?
answered on Aug 5, 2022
There is no easy answer to an outsider stepping in the help a perceived problem. If you believe that there is physical or mental abuse, I would suggest is that you contact the local police for a wellness check.
One or both of us go to nursing home can they take her house
answered on Jun 1, 2022
This a bad move, do not do this or you will deeply regret it. Your daughter is the only one whose name that should be on the deed. Anything else is senseless.
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
answered on May 16, 2022
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 »
GooglePlay gift cards worth $500 purchased at Michaels, Deptford, NJ. realized scam on 2/19/22; tried to return on 2/21/22; store mgr said policy is no return. Left message with fraud control at Michaels corp; no response to date. I will be 80 on 4/14/42. am I a "protected citizen?"
answered on Mar 5, 2022
There really is no cost effective solution. Try to contact the county prosecutor and the N.J. Dept of Consumer Affairs. Good luck.
answered on Feb 19, 2022
You should have your father call one of us lawyers to draft a will for him.
the cashiers cheques received were from individuals, who I did not know .
answered on Feb 9, 2022
Not necessarily, but more information is needed to answer your question. I suggest that you setup a consultation with a business cybersecurity internet lawyer. That being said this could be a scam. Expect the lawyer to charge you a fee for the advise.
Mother is now brain dead and end of life questions have arose. My 2nd sister is insisting she makes all choices, cause she lives closest. She has been telling doctors what to do next without speaking to any of us. Hospital will not even except my calls, cause 2nd sister has lied and said shes POA.... Read more »
answered on Jan 26, 2022
I am terribly sorry to hear about your mother's condition and that you and your sister are fighting over how to handle your mother's current condition peacefully.
As to a power of attorney, I would be shocked (take a breath), if your sister was able to simply tell the hospital... Read more »
if medicaid sees that her house was transfered to me (son) within the previous 5 yrs do i have to give medicaid the house in order for her to be admitted to a nursing home with out delay ?
answered on Jul 26, 2021
Most states allow a give back of property (in certain contexts called a "penalty cure") by the kids to the parents. So no, they will not seize the house.
If you received the house from her recently, a give back may be the best thing. However, if she "otherwise... Read more »
He already took her 2 friends estates. She got angry and devised a new will. A lot of $ involved.
answered on May 30, 2021
This person obviously knows what he is doing so you better get a good lawyer to make sure he doesn't win.
Which poa should be followed
answered on Mar 25, 2021
A “springing power of attorney” is also referred to as a “conditional power of attorney”, which is a power of attorney that is activated after certain conditions are met - typically when the principal becomes disabled or mentally incompetent. However, it could also be used when someone is... Read more »
She had surgery and was sent back to the nursing home, stable but with a PICC line for 6 weeks of antibiotics. She developed a med allergy at the nursing home and the doctor discontinued the antibiotics after 1 week. He did not do bloodwork or give her another antibiotic. She died 3 weeks later of... Read more »
answered on Nov 5, 2020
Yes it sounds like you have a good law suit, but of course more information would need to be known to determine how good. I suggest you setup an appointment to meet with an experienced lawyer and bring with you all the medical records you have.
Beneficiary has evidence to prove the POA/Trustee is breaching his fiduciary duties. Beneficiary hires a lawyer. His lawyer petitions the court for a discovery which is denied. Judge orders a deposition of the POA/Trustee. My lawyer failed to reveal a significant amount of info to persuade the... Read more »
answered on Oct 19, 2020
You didn't ask a specific question, I suggest that you seek an in office consultation to get a second opinion if you don't like what your lawyer is telling you or what he is asking you to do. That being said expect a lawyer to charge you for his time and advise.
Their mother has dementia and recently entered a nursing home. Went into the hospital for surgery and is now in a rehab center. They told her son they cannot give him any information on her condition. They were also told they cannot visit as per the other sibling. Their mother is my sister.
answered on Oct 16, 2020
This type of setting is terribly sad and I am sorry that you and your family is going through this setting but I am also guessing that there is a long history underlying the hostilities being expressed by one group of siblings against their brother and I am also guessing that there is concern that... Read more »
Are attorneys able to get an audio of a court hearing that they're involved in fairly quickly?
answered on Aug 31, 2020
Yes, absolutely. For a $10 fee, it is quite simple to obtain audio of a Court proceeding. The audio file is usually provided by the Court within a couple days.
Stocks were sold recently and had a gain of over $100,000, for example.
answered on Jun 17, 2020
Yes. An executor is entitled to commission on the income from an asset of the estate. See New Jersey Statute 3B:18-13 which reads in part: Commissions in the amount of 6% may be taken without court allowance on all income received by the fiduciary.
And give it to me. I am the executor. What do I need to do. Want to avoid probate
answered on Apr 19, 2020
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 »
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