Mother was a NC resident and died in NC. I am a NJ resident. I was told I need a letter of testimentary in order to gain access to her account. When I started to fill out the application for this letter, one of the questions it asks is the account balance of her bank account. I don't have this... Read more »
Please be advised that I am not an attorney in North Carolina so I am unable to give you legal advice.
If your mother died in New Jersey I would tell you to contact the surrogate’s court in the county where your mom died and ask for assistance. Some surrogate courts have a website as... Read more »
Im am the grandson and attempting to begin the probate process i assume...
I am sorry for your loss. This question was pushed out to patent attorneys and does not belong there. I am responding so that the question it linked to the right groups.
My ex-wife passed away last week. She was rushed to the hospital and had no medical insurance. Our daughter is a full time college student, and has just turned 21. Is my daughter responsible for her mother's medical bills? Or any other bills? Such as back taxes her mother owed?
Am I... Read more »
I'm very sorry for your family's loss. If you wanted to try reposting and adding Probate and Estate Planning as categories, you could have better chances of a response. There's no guarantee all posts are picked up, but it sounds like something where an attorney could give more... Read more »
Died suddenly. Parents will says to decide equality with sister. Does surviving spouse entitled to estate of the inheritance once home is sold. House is in NJ. Spouse died and lived in Florida
If your spouse lived and died in Florida, you need to speak to a Florida Lawyer.
What does all this mean? What exactly is any other instrument?
Justia US Law US Codes and Statutes New Jersey Code 2009 New Jersey Code TITLE 3B - ADMINISTRATION OF ESTATES--DECEDENTS AND OTHERS Section 3B:21 3B:21-4 - When removal will be denied
View the 2019 New Jersey... Read more »
This is an estate question - better submitted to an estate law specialist. Family law attorneys specialize in divorce, post-divorce, domestic violence matters, custody and support issues, and related type claims in the family court system. I gather someone has passed and there is a dispute over... Read more »
there is only 60,000 left after bills but I am confused on the law when it says ...spouse gets 25% but not less that 50,000 or more than 200,000....Do I keep the 60,000 with out sharing or ??? Im confused
I am sorry for your loss. The division of property depends on whether these are also your children or un-adopted stepchildren. If they are your and your husband's kids, you keep everything.
If you have step-children, you probably should talk to an attorney because the division of... Read more »
I am a beneficiary
The answer would depend on who you are in relation to the will. Are you an executor, beneficiary, trustee, guardian etc.
Pension people will not talk to me until I have small affidavit
Pension is minor but I don’t know total. They won’t tell me without affidavit
which I can’t get until Iknow
While this is a "family matter", it is best answered by an estate law specialist and not a divorce and family law attorney or a general practitioner. I am sure that there are a million lawyers out there that will be happy to give you an answer or suggest that you meet with them but you... Read more »
My father died intestate but he had no spouse but had 3 children from his ex spouse my mother
This question is best answered by a lawyer who specializes in estate work - my suggestion is that you look for a lawyer who specializes in estates and trusts and schedule a consultation with him / her. I dont know how much money your dad had at the time of his passing or whether he owned any real... Read more »
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 »
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.
Per stirpes designation, do the descendents of the deceased have claim to the deceased persons share of the asset or does the other beneficiary receive the deceased persons share ? Ex; parents are grantors, two siblings r beneficiaries and one sibling passes prior to grantors. Does other sibling... Read more »
An attorney would need to read the trust documents as that could change your answer, but generally if one child precedes you in death, the other child would receive half, and the children of the deceased child would get the other half. But again that depends have a lawyer review the trust to... Read more »
My father is moving to a new country next week and I am newly appointed durable power of attorney over his financial accounts.... If I file bankruptcy that shouldn't effect his banks accounts correct? Also I was thinking of opening a new checking account with my father and myself as joint... Read more »
Do not open any bank accounts until after your bankruptcy is discharged. Do not look for problems. You also need to be represented by an experienced Bankruptcy attorney. What you do not know can cause you all sorts of problems. You really need to leave things alone. Even with the Pandemic, if you... Read more »
she stipulated on the will to leave everything to one daughter. she has asset in PR. Is this will enforceable in PR or what has to be done. one of the daughter lives in PR and the other who is named on the will lives in NY
Best to talk to a lawyer that's licensed in both Puerto Rico and New York to get the correct answer
The answer depends a lot on who is the executor of the will and then we would be able to tell you, your options better. That being said most options however you would need to hire a lawyer for.
Is my minor child or my bf mother next of kin
More information would be needed to properly answer your question as you did not say whether your minor child is also his child.
These lines do not feed my home my line comes from directly from the main poles I was told by PP&L it would cost $ 12000 dollars to move Pole
Without additional information, a more definitive answer is possible. To help you determine if you have a claim, please check the records at the County Clerk’s Office to see whether at some time a right of way agreement which affects your property was granted to a utility and recorded. If the... Read more »
I am 80+ yr old widow with residence in NJ. My husband passed away recently without a will. All his assets passed to me without probate except for an old car. The car was titled in his name only. I need to transfer title of the car to myself so I can sell it. I have heard there is a simplified... Read more »
The real question would be how much is the car worth. If it is under 20K you are in luck see NJSA 3B:10-3. which discusses when a spouse or domestic partner is entitled to assets without administration. For your second question, yes a lot of this can be done remotely now due to Covid 19. Saying... Read more »
My mother died and left a life insurance policy with my brother and father's names on it. My father stated, she did this with the intentions of my brother dividing it amongst the 4 children. He claims he didn't want to be taxed on it so he put it in dad's name. He is my dad's... Read more »
This is not a family law question but a question better directed to an estate litigation lawyer. It may be worth your time and money to sit down with a specialist to find out if you have recourse against your brother.
My mother in law passed with a will in NJ. One asset in her name, an IRA that transferred to her husband. One small bequest to a non family member ($2,500). All other assets jointly titled all passed to her husband (checking/savings, house)
Can the bequest be paid from checking account... Read more »
The IRA probably had a named beneficiary so the will wouldn't matter unless the estate is huge.
And you are correct that the joint items passed to the Hubby as jointly titled. So, if he wants to write a check for $2500 it is up to him. However, he may be entitled to anything not... Read more »
about a 2nd will that was probated without my knowledge or consent is this legal? In nj
You need to talk to an attorney.
Only one will is supposed to be probated. Every reason for 2 or more Will's I can think of is complicated and needs an attorney.
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