NJ intestate laws support spouse keeping whole estate but will in NY specifies 1/3 of his portion to surviving spouse and 2 adult children as heirs of his estate. I live in NY and estranged mother in NJ. She wants me to authorize will administrators to send her entire amount so she doesn't have to... Read more »
You need to speak with a probate attorney. Depending on how much money there is in the estate there may be money you are entitled to under the will. How ever without knowing your father's debts, and total assets there is no knowing if you would be able to collect anything if your mother chooses her... Read more »
husband did not live will but left a lot of shares of stock. Need help trying to liquidate it.
You need an attorney who is a Probate attorney. The right documents are obtained by an attorney and the stock is liquidated by a stock broker. That is all you require. A fair amount of work may be required depending on what you have already done with the Surrogate.
if somebody goes to law school and earned the J.D, they took the bar exam which they passed But not sworn in Due to the criminal past they had does that make them a lawyer still? Or just a higher educated paralegal? Someone I know claimes they can still practice as a lawyer even though they... Read more »
The short answer is no.
In NJ you can search for the status of an attorney here:
https://ecourts.judiciary.state.nj.us/webe5/AttyPAWeb/pages/_rlvid.jsp.faces?_rap=captchaAction.execute&_rvip=/pages/home.jsp&currLocaleBanner=en
Nephews made funeral arrangements no mention of grown step children in obituary cause out of state never would let step children in family home. Father had died 2 years prior with brain tumor cancer and had him change his will 2 weeks before passing Grown children let it go cause thought property... Read more »
You need to sit down with a probate attorney as soon as possible to go over the situation. A family tree is going to need to be created to go over all living heirs to figure who is entitled to what. The attorney will also need to review a copy of the will.
The 28,500 is for a person that purchased a co-op then moved out and left the house(co-op) to my mom. Years later asked for her deposit back. My mom changed her will to leave her the money. 2 questions. Can we close without a Tax Waiver and how much effort do we need to put into finding the... Read more »
The short answer is that the tax waiver will be required. Based on the fact that $28,500 is passing to a class D beneficiary, you cannot file an NJ Form L-9 – Affidavit for Real Property Tax Waiver. Instead, you must file an inheritance tax return and upon its completion, you will receive a tax... Read more »
You haven’t quite inherited it until it is re-titled in your name, as a practical matter. You should consult with a probate attorney about probating your dad’s estate so that the house title will be in your name.
My father just passed away. He was married at the time of his death but not to my mother. My mother passed away 16 years ago and my father eventually remarried. My father had no will. He owned his house outright before he married his current wife. This is my childhood home that he and my birth... Read more »
In New Jersey, if a person dies without a will (which is called dying "intestate") and leaves a surviving spouse plus children from a previous marriage, the surviving spouse inherits the first 25% of the decedent's intestate property -- as long as it is not less than $50,000 or more than $200,000... Read more »
As per N.J.S.A. 3B:22-4, Creditors of the decedent shall present their claims to the personal representative of the decedent’s estate:
-in writing, and
-under oath,
-specifying the amount claimed, and
-the particulars of the claim.
-within nine months from... Read more »
My aunt just died interstate and my dad (with dementia)..is the last surviving sibling. There are 18 nieces and nephews. My brother is my dad‘s power of attorney and been depleting his funds for the last five years to live on and take himself out of pre-foreclosure. Now that my dad has an... Read more »
It sounds like you are on the right track as far as what needs to be done.
In short your brother does not automatically get to act as the administrator of the estate. He would have to be named the administrator by the Surrogate court.
You should sit down with an attorney to go... Read more »
I brought my father to living in New Jersey 3 years ago because of his declining health. My father never put the property under my name because he was always to ill to go back to PR. My father is now in a nursing home and we don't know what to do about the property. We don't want to lose the... Read more »
You need to contact an attorney who is licensed there.
Responding from a New York perspective, if all four parties cannot agree, if your father passed and had a will, the world should be probated and the executor would then have the power to sell. If he did not have a well, and administrator could be appointed, preferably one of the four children, and... Read more »
Letter with specific details of who should get what of her personal property. In that letter, she states that I can live in her house. My question is, if the house is sold, do I have a legal right to the money that was made from the sale of the house?
If you are a life tenant the house cannot be sold without your signature. If it is sold without your signature then you can still live there for as long as you live. If your signature is requested you can justifiably insist on a portion of the proceeds equal to the value of your life estate.
My brother died in Dec who has a settlement agreement with AIG and large sums due in 2020 and 2025. I dont know how the agreement was written up. I am the administrator for the estate.
As an administrator, you will have to go on a fact-finding mission to get the information you need. Sometimes the decedent will keep important records such as a settlement agreement in a file somewhere. I would recommend conducting a thorough search of his house to see if you can locate it. If you... Read more »
Best to ask the lawyer that have led your case as he should know the answer.
My dad inherited property which is being lived in by a family member. My dad also received an inheritance when his mother passed away. Since he lived most of his life in NJ, must I go through probate process in both NJ and PR? He did not have a will and death was sudden and unexpected.
You need to hire a probate attorney in PR for certain, because the main probate occurs where the decedent resided when he died. You will also need to open an ancillary probate in every other state in which the decedent owned property, using local probate attorneys.
This is just one of many... Read more »
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
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