and now my step-father passed away. On his will he has his son being the one to get the house. Am I entitled to my mom's half of the house
It depends on EXACTLY how the house was titled when your mother passed. It might have all gone to your step-father and then to his son pursuant to his will, but there are a myriad other possibilities. Show the deed and the two death certificates to a local real estate attorney or a local probate... Read more »
The couple bought a house in NJ while married and have adult children on their own before they were married.
The answer really depends on the assets such as if it was only a house, maybe? I suggest setting up a consultation with a lawyer if you need to know your rights.
The will names 2 of the 3 natural children. A copy of the will was sent to estranged son.
Maybe an attorney would need to read the will to tell you what you're entitled to
Is it a legal and binding contract
The answer depends on which state's law applies, the property that was promised, the value of the property, and whether the promise was supported by consideration.
It would violate the statute of frauds
1. pay proceeds to custodian under NJ UTMA
2. pay proceeds to c a court appointed guardianship for their individual estates
3. Hold the proceeds with the company until they reach the age of majority.
Which is the best option ?
An attorney would need to know a lot more about you before telling you what your best option would be.
More information would be needed to properly answer your question but in general once the person dies the person who would get their share of an estate can renounce it or even transfer to someone else
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 they... 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 »
It’s been over two years since a family members death and the attorney’s letter notifying beneficiaries was received. (NJ)
There is not a set time period in which estates must be settled and distributions made. Each estate is unique and there could be factors at play that make the administration of the estate more time-intensive. I would highly recommend that you simply contact the estate attorney and ask for an update... Read more »
My mother would like to give me my late grandmother's house. The estate is still under probate, my mother is the executor and sole named beneficiary. Can she do this as part of the estate, so that it is not subject to gift tax?
That’s not really a family law question. You should consult with an accountant
I am the only child born to my parents marriage which ended after 25 yrs. The entirety of that time my father worked at, and paid into a company offered pension fund, which my mother was awarded 50% of in the divorce decree. (QDRO) obtained. She predeceased my father, who to my knowledge started... Read more »
Yes, in all likelihood, 50% of your father's pension that would have gone to your mother would, therefore, go to her estate. Additional information would be needed to say that is the case with certainty. Any experienced estate administration attorney can assist you with this matter.
It certainly is possible that the court will appoint co-administrators if the heirs are unable to agree.
the executrix of my aunt's estate made a $5000 donation to a charity of her choice, not named in the will, without the consent of the beneficiaries
No, an executrix cannot make a unilateral donation of any amount whatsoever, without having clear, written authorization from the decedent. You would need to read the will and any codicils carefully to see if it contains any provision for a charitable donation.
My sister and I each inherited 1/4 of a vacation property in Brigantine NJ upon our father’s death. Our mother owns the other half. My sister and I have been paying the mortgage for 5 years now and we want to invest a large amount of money on repairs and improvements. We want to buyout our... Read more »
Your question is far too fact specific and beyond the scope of this forum. Your situation will require an in person consultation and detailed analysis. This is beyond the scope of what most attorneys would handle in a free consultation. This is a very complex situation, more so than you probably... Read more »
Dad passed I am executor all left to my mom.
Money is in estate account.
Worried monthly car payments are not being made.
Maybe, but yes you should be worried as the estate may be liable. An attorney would need to review the document to tell you for certain.
my uncle died without a will leaving only two alive brothers. One brother renunciated to the other and I (niece) have been handling the Estate. Are the children of my predeceased aunt entitled to per stirpes? If so, are they supposed to renunciate as well making my alive uncle the administrator.... Read more »
We are not supposed to give you specific answers to legal questions site only general answers. I would suggest to get specific answers on what to do, that you setup a consultation with a local lawyer. It may cost a few hundred for the advise, but its better than getting sued later on for doing... Read more »
Nursing home has gotten 300,000 and we don’t want them to get the home too. She has two sons that want to keep it however my husband took guardianship over her 6 months ago
If its a bill it must be paid, you got the services and agreed to the price they can sue.
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 »
But had no beneficiary named. Possibly my sister tho. I am on joint bank account w/ mom. Also I am living in the home and took complete care of her when she was sick. Can I as executor find out who was paid if it was sister and when the money will be paid to? Also is the joint bank account... Read more »
These free answer sites are not setup for specific advise and answers that you can rely on. I suggest you speak with an estate lawyer.
I am the executrix of my dad's estate. Myself and my three sisters are named in the will. The estate tax has been paid. There is a house that is part of the will (equally split) I'm going to be taking over to live in. It's presently still in my dad's name. There was an agreed upon value put on it... Read more »
Best way is to hire an estate planning lawyer, what your asking can be very complicated and has many possible pitfalls and not meant for a short question and answer forum which is basically to tell people whether they should speak with a lawyer or not.
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