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I am 53 years old and looking to purchase a home in a 55+ community for security and financial reasons. Since I am not yet 55, I am considering titling the home in my mother's name. I am concerned about potential issues that could arise if she were to pass away or enter a nursing home, such as... View More 
answered on Feb 22, 2025
We are not allowed to give specific legal advise on this website, see the terms of service. That being said it sounds like you need both estate planning a Will and some medicare planning unfortunately a lawyer will charge you for this advise just like a doctor will charge for medical advise its... View More
I am 53 years old and want to purchase a home in New Jersey in a community where you must be at least 55 to live, for security and financial reasons. I intend to buy the home with my funds but title it in my mother's name. We plan to transfer the title to me when I turn 55 and live in the home... View More
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answered on Feb 22, 2025
That would be a very serious mistake for all the reason you mentioned and more. NEVER ever get another family member or significant other or spouse involved with something you own. In addition a 55+ community will have a home owners associate, which I always tell my clients to avoid like the... View More
My father owned a home in which he and his girlfriend are the deeded owners - it is his only asset and I want to sell. She (GF ) can not afford the home and is simply living there and has not initiated any moves on selling..etc..
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answered on Feb 14, 2025
This is something that you need a Probate Attorney to represent your interests in this matter. Furthermore you are emotionally involved in this matter and not a trained Probate attorney. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a... View More
answered on Sep 8, 2024
It is possible under certain circumstances that a mortgage holder may go after your assets if for example you owe more on the mortgage than property mortgaged is worth and you or your heirs are in default. If you have a house that means you have assets and that means you should have a Will. Some... View More
answered on Aug 14, 2024
Attorneys who handle estate-related matters could answer your question best, but you await a response for a week. Your question may have been overlooked in the general "Uncategorized" category. Although some questions do go unanswered on this forum, you could try reposting and adding the... View More
My husband's grandmother passed away 10 years ago in Puerto Rico. She left him money that his Aunts knew about and never told us. My husband passed away 7 years ago and they're just telling me now about this. How do I claim this money?
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answered on Jun 19, 2024
To claim the money left by your husband's grandmother to your deceased husband, you will need to go through the legal process in Puerto Rico. Here are the general steps you should follow:
1. Obtain a copy of your husband's death certificate and his grandmother's will or... View More
answered on Jun 10, 2024
Yes, you can name an attorney in a law firm as your power of attorney. However, you must be aware that if an attorney is acting as your power of attorney, you may have to pay the attorney a legal fee as your agent and as your attorney. You should consult with an experienced trust and estate... View More
I need to get my Father's Will be validated or deem not valid to obtain documentation for Puerto Rico Courts. Back up note. He died in Puerto Rico; however, Puerto Rico is asking for documentation from New Jersey Courts to verify that the will is not valid. How do I go about getting this and... View More
answered on May 26, 2024
First, I am sorry to learn your dad passed away. It's not a simple situation anytime.
As to your question, I'd need to know a lot more about the particulars. I take it he was a resident of NJ and died in PR on vacation, visiting relatives, wintering, etc. This happens a lot in... View More
deceased wife and myself are on title
son and his lawyer want to cash in
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answered on May 4, 2024
Title insurance is irrelevant. You need to retain an experienced mortgage foreclosure defense and civil litigation attorney. Expect to pay for one hour of attorney time to review all the documents and provide you with the best way to proceed. Pick the best attorney you can find and remember one... View More
Would it be valid in NJ? What about those "Will kits" that Staples sells, are they valid? Also can I do the same for a POA document?
answered on Apr 29, 2024
If done correctly it certainly could be valid, the problem is many aren't and thats where your heirs will spend tens of thousands of dollars and can take years to settle your estate where as if you just spend a few hundred more you could have saved them all that trouble. Be smart hire a lawyer... View More
What type of document is this, is it a next of kin document? Does this document need to be filed in court or can I fill it out and just have it notarized? Bank account opened in New Jersey but she was living in the Philippines at the time of death. No will and she didn’t list a beneficiary on the... View More
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answered on Mar 11, 2024
In this situation, the bank is likely requesting documentation to establish your legal right to claim the funds in your mother's account. This is a standard procedure when the account holder has passed away, and there is no designated beneficiary or joint account holder.
Since your... View More
I read that this is possible and would like to know how to do it.
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answered on Feb 21, 2024
The car is easy. Just transfer the title to your child, but only do this if your child is capable of managing a car. If he/she is not, then see an estate planning attorney about other options.
The IRA is not so easy. If you cash out the IRA and retitle it to your child, that will be a... View More
Can my Grandma make the decision on her own? Can the Power of Attorney make the decision on her own? The Power of Attorney told me that she has to ask my mother, who is scheduled to receive an inheritance (and said no). Are they all playing me? Who has the real power to re-allocate the funds?
answered on Jan 5, 2024
Im going to give you fatherly advice since the question has nothing to do with the law - a primary reason your grandmother gave someone power of attorney over her assets was to protect her from making decisions based purely on emotion. 30,000 is an extraordinary amount of money to ask anyone for... View More
I am second backup if sister step down etc. Her n my brother are using poa to defraud assets of estate
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answered on Nov 20, 2023
You probably need to hire an attorney to petition the court to appoint you as conservator over the person they are looting. Then as conservator you can sue them for return of the stolen assets. Fair warning: This kind of litigation can be quite expensive, but if you prove your case usually the... View More
I purchased a home in New Jersey from my brother's trust in 2017. The title and deed are in my name, though there was a life estate clause for my brother. After he passed away in 2023, my sister claimed some items in the house, but no specific items were listed in his will or trust. These... View More
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answered on Mar 4, 2025
You should consult an experienced Probate attorney to find out who is entitled to what. Good luck.
My lawyer states that his signature only, is all that is required.
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answered on Jan 21, 2025
In place of a notary in New Jersey. As an attorney, the attorney signs their name and under it states "An Attorney at Law of the State of New Jersey" I have never had that challenged.
My mom is unable to handle this type work, as she has certain dementia and going into a memory care unit to live. I need to sell her property as part of paying for her care prior to medicaid. The current deed indicates my mother and my step-father (now deceased) as the owners of the property.... View More
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answered on Jan 7, 2025
Mother is probably the owner, but hire a NJ attorney to search the title. You might be able to sell her interests as her attorney in fact, but everything must be for her interests, not yours.
Don’t think trust has beneficiaries assigned
answered on Oct 12, 2024
A lawyer would need to read the trust to make that determination on whether this "asset" if you want to call it that passes thru the trust or thru the normal process if he had a will or through intestate succession.
My mother’s will left her house, equally, to her 4 children. My sister, who is the executrix, took 3 years to sell the house, without our agreement and now wants to subtract the cost of maintaining the property during that time from our share of the proceeds. What can we do?
answered on Oct 5, 2024
More infomration is needed to properly answer your question so speak with a lawyer. Yes you can fight this, but you will have a hard time winning unless you can show that holding the house for that length of time was unreasonable under the circumstances. Obviously speak with a lawyer but remember... View More
answered on Jul 9, 2024
You have this posted under "Contracts," but it's possible it could be something larger than a simple contract for the sale of a house, since you mention an executor. This could be a situation where you might want to consider a consult with an attorney who handles estates, wills, and... View More
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