Asset=House to 2 children, Bank accounts/annuity = to 2 children. What is the process/concerns. Would like to avoid probate. Or should we create a different document?
answered on Mar 9, 2023
Firstly, probate in NJ is very simple and not complicated. I do not suggest irrevocable trusts as life is uncertain. With an irrevocable trust, the grantor (creator of the trust) loses substantial control of the assets. Thus as life's needs changes, the grantor may not be able to change the... Read more »
My sister and I couldn't locate will upon dad's death so we obtained Letters of Administration as co-administrators. My sister is not live locally. Can I endorse check myself as administrator and deposit into estate account at bank?
answered on Mar 4, 2023
Yes. Best practice would be go email copy of check to sister then email her copy of deposit ticket into the estate account. Also, if both are not receiving copies of the bank's estate statement, be sure to send her copies of this also.
If the will has multiple pages how to bind them together? Do I need to number and initial every page? Can notary stamp every page? asking for NJ
answered on Feb 23, 2023
Honestly, if you need to ask this question you should hire a lawyer to prepare your will. I have seen many people save a thousand dollars on having a will made only to end up in probate court spending tens of thousands to rectify the errors that were made in the Will. It is called being penny... Read more »
My mothers aunt passed away 20 years ago, and left a house for my mother. She didn't start the probation process since there was a person living in the house with a life estate deed and paying all the bills and taxes. Now my mom wants to probate the will, are there any time limits for will... Read more »
answered on Feb 23, 2023
Yes, offer the will for probate. Because of the passage of time, it may be probate will need to be done in formal style.
Executor/trustee insists he won't give anything until all beneficiaries sign a document which says they agree that the will and trust documents state that the beneficiaries have no right to an accounting. The document also states that they cannot sue for any purpose, even if facts are later... Read more »
answered on Feb 20, 2023
Are you referring to a release and refunding bond or another document. If a release and refunding bond, you may insist on amending the document so the release excludes waiving any rights against the executor for improper action but the refunding bond should be signed if written in the traditional... Read more »
The house is located in a 55 and older co-op community in Ocean County NJ. My sister-in-law (who is a 50/50 beneficiary) had until August 10th 2021 as per the bylaws of the co-op to relocate. She has refused to pay anything or leave for 2 years. She is on probation facing new charges and is... Read more »
answered on Feb 15, 2023
The first issue is that you failed to indicate in which NJ county the property is located. The best solution would be to retain the services of a local attorney who has estate and landlord - tenant experience as there may be other choices in addition to ejectment such as a partition action.
answered on Feb 6, 2023
Your posting fails to pose a question of law. In the interim, I suggest you speak to a CPA.
answered on Mar 4, 2023
It is important to be cautious in situations like this. Scammers may try to use inheritance or other financial schemes to trick people into giving them access to their money or personal information. It is important to never give out personal or financial information to someone you do not know and... Read more »
What would happen to a house in only my name or my life insurance in this case if something should happen to me? How can I revoke this Will simply now that I am married and many things have since changed with my estate executor listed in the Will?
What if I pass before I have a chance to... Read more »
answered on Feb 4, 2023
More information would be needed to properly answer your questions, but generally a new will which you should have since you did get married would invalidate your old will and be the controlling document. I suggest you setup a consultation with a lawyer to discuss this as the lawyer will need to... Read more »
need a separate Notary or seal because in NJ he is considered a Notary and his signature is enough. My research supports this but also seems to indicate we should get it additionally notarized. Please advise. Thank you.
answered on Jan 23, 2023
If it is a self proving will which is being acknowledged by a notary public then in that event a seal should be affixed. If the will is acknowledged by a NJ attorney, only the attorney's signature is required.
I have full power of attorney of my elderly mom. She is not capable of handling finances on her own but my sisters have brainwashed her into selling her home as I've been busy with my career. My mom doesn't want to believe she is incapable of making financial decisions and my... Read more »
answered on Dec 17, 2022
You have the right to exercise any power that is listed in the Power of Attorney. If you have a specific question how broad is the Power of Attorney's language, please consult with an attorney in your jurisdiction.
Both companies are no longer around to show what happen to that assignment . However in 1986 a mortgage is showed and discharged with another company that’s no longer around. Reached out to company that it merged with and they have no record of the property. Through research all patterns show... Read more »
answered on Nov 22, 2022
Speak to a real estate attorney. There is a statutory provision to resolve this issue.
Parent and Child is on the Deed . Parent dies and left Will with Child as Executor and 100 Beneficiary. Is there any reason the Will would have to be probated ? Doesn’t the survivor assumes 100 percent of the property is Deeded to both?
answered on Nov 25, 2022
There is no way to avoid probate and you will have to have a new deed recorded. Whether or not there is a mortgage may raise additional issues. You really need to have a virtual or in-person consultation with an experienced attorney. Good luck.
Is this something I can do on my own to save money?
answered on Nov 14, 2022
If you are familar wiyh the requirements you may represent yourself. However, my advise is to retain the services of an experienced estate attorney.
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 father wants to have my family (my spouse, 2 children and myself move into his home). We would sell our own home. He stated he will be adding my name to the deed. Not sure if it would be sole survivorship. In either situation, what would happen if I passed away? Would my children and spouse get... Read more »
answered on Nov 12, 2022
The answer to your question depends on the interest that you will be getting in the new deed that your father is preparing. If the deed is a joint tenancy with the right of survivorship, then assuming you survive your father, you will get the entire property. If it is a tenancy in common, then you... Read more »
I am one of two beneficiaries of an estate. We're at five years and counting, and I have been represented by a NJ lawyer on this matter as I live out of state. I was notified of new assets one year ago by executor via my lawyer, who was unable to provide any additional details. Assets entered... Read more »
answered on Nov 9, 2022
Contact the Office of Attorney Ethics at the NJ Supreme Court and ask for assistance with obtaining a response from the attorney.
we have many credit card companies and debt collectors sending letters of condolance and saying she owed money but it is past the 9 months and we do not have enough funds to pay them all, can we distribute what is left legally to the heirs?
answered on Nov 9, 2022
Debts of the decedent must be paid y the Estate before distribution the the beneficiaries. If any or all of the beneficiaries signed the credit appiication, that person will be personally liable for the debt.
there was an old will, but my sister said she cant find it. i need help because my mom said the house was mine but my sister is trying to scam me from it. is there a way to find the original will?
answered on Nov 6, 2022
If you know the lawyer she used you could call that lawyer to see if he/she still has a copy of the will.
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