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.
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 overwhelmed and there is too much stuff now packed into the storage units. I can’t even pull things out for the organizations to take stuff. I have one month before the first group is due in about a week after that the second group is due. If I have to pay all of these I will not be able to... Read more »
A solar company signed my dad (70 years old) into a 20 year contract. His signature was digitally signed by the representative who scammed my dad into buying the panels. He told my dad everything would be "free". That is all what he repeated through out. Not to mention, my dad speaks... Read more »
I highly recommend that your father contacts an attorney to have a consultation regarding this issue. I have experience dealing with a solar panel company regarding fees and costs of the monthly installments and have successfully negotiated the removal of the panels and canceling of the contract....Read more »
My elderly, low income mom (on medicaid) resides in an assisted living facility . I pay her rent there every month. They added on a $4,000 charge and recently and claimed it was because they did not bill her the correct amount monthly, going 2 years back. She doesn't have this money, can... Read more »
In order to answer this question an attorney would need to review any contracts signed by your mother and by you. Some violations of the law allow you to demand that your attorneys fees be paid by the defendant t in certain circumstances and if an attorney thinks you have such a case and it is...Read more »
My husbands’ parents have a conservator, but he is intimidating them and bullying them. They were tricked into signing affidavits by their daughter, who is only concerned about her inheritance, saying they are incompetent. Not until after the conservator was appointed, did they know what the... Read more »
Conservatorship usually requires the consent of the wards. They need to get an attorney, if they are being abused emotionally or financially or if they gave their consent under duress or false pretenses. If they truly lack capacity, guardianship is probably the more appropriate remedy, since...Read more »
They are legal in all 50 states. There is nothing illegal about them. Any business or service provider can freely chose how they want to conduct business, subject to existing law. Many of them are on a very limited or fixed income.
My son is abusive, aggressive, never helped in chores or made contribution or rent. He graduated college. I am a disabled elderly man, his abusive, bully, he scares me. I do not want him to come back into my home. I asked him for the house key, and he turned it to... Read more »
My brother is an addict. Before we knew this he was my mother's caretaker. We remove him from my mother’s home about 5 years ago after he stole a large amount of her money. Now we are applying for Medicaid for my mother who has been in an assisted living facility for over two years. She is... Read more »
It all depends what degree the charges are and his past criminal record and background and whether he already served county or prison time before. Also, has he kicked the habit? He's facing anywhere from fines to a criminal record, probation, community service and even jail.
(1) "to transact any business at all" (2) "to arrange for my entrance into any nursing home... and to pay all bills for my care" and (3) "to review any information regarding my physical or mental health and to disclose or deny such information..."? Or are these... Read more »
A lawyer would need to review the whole document before giving you an opinion about what it covers. In any event no attorney is going to give you a legal opinion on a free website you will need to take that document to a lawyer pay him for his review. Websites like these are for quick questions and...Read more »
Is it ethical for an attorney who is the retired attorney's partner and spouse to file a substitution of attorney when the court appointed attorney retires? Then refer to themselves as court appointed even though he/she has never been court appointed and allow court orders to list he/she as... Read more »
Maybe, but more information would be needed to properly answer your question. I suggest you setup a consultation with a lawyer it may cost you a few bucks for the consult, but at least you will get the information you need.
That would depend on how you are doing the transfer. I suggest you call one of us lawyers and setup an in office consultation. If you are looking to do this yourself expect to pay for the advise, if you wish the lawyer to draft any documents for you, some of us offer a free consultation.
You won't. We never recommend that people pay their parent's medical bills, because there is no guarantee that you will be reimbursed. If your mom cannot afford the care, I would look into getting her on Medicaid.
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.