As a general rule, life insurance proceeds payable to a named beneficiary are NOT included in the decedent's probate estate. The law presumes that the decedent meant what she said when she named you as the sole life insurance beneficiary. It is a very tough presumption to overcome. Your...Read more »
in the process of purchasing a new home. Mom is putting the down payment down, gifting to me. Condition is, she wants to be on the deed of the home so as to say, when she passes, her portion of the home will be willed to me and I will have majority ownership of the home. What issues might I run... Read more »
A very easy solution that will eliminate many concerns for both you and your mother. Instead of being placed on the deed. She is given a mortgage in the face amount of the money she is lending you to buy the home. The mortgage has a safe harbor rate of interest payable once yearly, just the day...Read more »
I am the executor of my grandmother estate. My uncle hired a lawyer because he wants ownership of her home. His lawyer drew up documents towards me for court at which I also put in a court order as well. The question is, who gave that attorney permission to enter in the premises without my... Read more »
She had a will which left me, as their only child, to be executor and recipient of everything she and my father owned. I have taken care of everything including taxes. My father had a pending court case of sorts and it appears he will receive funds as a result which I am told will go to his estate.... Read more »
My motherinlaw deeded her NJ house to Gerald (my husband) and his 1brother Eddy as a life estate. Her last Will and testament- dated the same day as her deed- states the house should be given to the Gerald, Ed AND the children of the other 2 brothers who passed away in 2012 and 2014. Does the... Read more »
The deed is for a life estate. In normal situations, the life estate is vested in the people until they die, and then after they pass the property goes to who is named in the will. The will takes over after the life estate is over. The property could be sold and divided if Gerald and Eddy agree.
You need to retain an experienced civil litigation attorney who will file an action for partition and sale. During this pandemic, you have a choice of either seeing your attorney in person or by way of a secure state of the art Zoom Video Conference. So you don’t have to be restricted by...Read more »
An attorney would need to read the whole will or trust to tell you what this means in the document its contained in, but it would appear to mean that the executor is not liable for what a past executor may have done. Again if you need to know what it truly means setup a consultation with a lawyer....Read more »
Yes, you may have certain rights. The palimony statute has changed in NJ. I would suggest you read it carefully.It is a bit confusing. The best thing to do is seek an attorney with experience to discuss this issue.
When a Will is created, is it filed anywhere so heirs can get a copy? There is a prior Will that her son took her to have drawn up, which he likely still has a copy of. Then her son took all of her life savings, putting her in financial ruin. So, she changed her Will after that with a different... Read more »
A will is necessary for probate in order for an individual named as executor to qualify. Other wise the decedent is considered to have passed intestate. The Court will appoint an administrator. A bond, in an amount set by the Surrogate must be obtained. The Estate is then distributed in the manner...Read more »
Family is searching for the latest Will. Nobody remembers the attorney's name to try to find her to get a copy of the Will. Can the lender call the loan due and/or foreclose on the house before the estate goes through probate? Can anyone else who lived in the house taking care of my... Read more »
My best response is that you have raised many important issues that require extensive responses which are beyond the scope of the platform. The best thing to do is retain the services of an attorney who is familiar both with real estate law and probate law.
When they married her 2 children were grown and out of the house. They never lived with my father and nothing was ever in their mothers name. There was a joint account that only my dads money went into and the bills were paid from and she had her own account that her money went in and she spent. We... Read more »
Contact the holder of the note (debt) and ask. That being said many lawyers specialize in debt reduction and generally have a much better chance of success then you, but of course a lawyer is not free and will cost money
irs and detaisl with the medical care and transportation and i lived in his home. He died intestate and I CREATED an estate as an administratrix. My three siblings were not inculded in this paperwork so I could as most of his affairs, handle things without the stress and emotional abuse from them... Read more »
When someone dies without a will all Kids have the same rights. This may not seem fair, but it is the way the laws are written. So, your siblings may fight you for administration. There are forms that they could sign off on to surrender their rights to you. You really should speak...Read more »
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