H. Scott Aalsberg Esq.'s answer 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 the wrong thing.
Ben F Meek III's answer 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 their personal care and safety would be at risk. If the family is fighting over their parents' money, the parents probably need either to get their own attorney and object to the...
H. Scott Aalsberg Esq.'s answer 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.
Under New Jersey Law, the person who agrees to accept the numerous legal responsibilities following the death of the person needs to liquidate assets, pay bills and taxes, file all necessary court and tax returns, then distribute the assets to beneficiaries. In New Jersey, the court and surrogate do not supervise how an executor or administrator handles the estate. Unfortunately, occasionally the Administrator simply...
Jay Schmerler's answer If the insurance check is related to a policy refund or some claim made by or for the decedent, then those funds are part of the estate. It should be deposited into the estate account and can then be used for any estate expenses. I don't understand why your sister "wants it back". If it was your sister's insurance policy, then it was likely a short term loan to pay the funeral expenses.
H. Scott Aalsberg Esq.'s answer Depends, we would need to know much more information to determine that. That being said for most individuals with assets of less than 5 million a will works just fine. Just make sure her will is recent (i.e updated within the last 5 years) and drafted by a lawyer. Lastly probate in NJ is not such a bad thing compared to other states, but can be avoided with certain trusts, but that is very expensive to setup and the best trusts generally put the assets in the trusts name way before the...
H. Scott Aalsberg Esq.'s answer This is a very complicated area in which a lawyer would need a lot of time to explain for your particular situation, but basically in overly simpliﬁed terms the surviving spouse will only be entitled to approximately 1/3 of the other spouses assets (assuming the spouses live together at the time of death). Furthermore this amount can be reduced by funeral expenses and other debts owed by the estate.
H. Scott Aalsberg Esq.'s answer An attorney should read the whole will before commenting on what disposition would be made. That being said, if everyone dies in the will the estate goes according to the laws of intestate succession.
H. Scott Aalsberg Esq.'s answer An attorney would need to see the deed and each deceased person's will before they give you any answer to your question. Expect to pay for the attorneys time that it would take him to read the documents and give you the answer. Unfortunately no simple answer exists.
Peter N. Munsing's answer If you mean can the heir file the claim, yes if within the immediate family. Why not contact a member of the NJ Assn for Justice who handles malpractice--they give free consultations. If you need the names of some, feel free to call me.
H. Scott Aalsberg Esq.'s answer You start by seeking a consultation with an experienced estate planning lawyer because if your mother died without a will he could not legally appoint himself an administrator of the estate this must be done by the court.
Jay Schmerler's answer Your question is too general and without facts to really specifically answer. New Jersey has several taxes that can arise from administering an estate. There may or may not be inheritance taxes. There may or may not be estate taxes. The answer is based on who inherits, what the assets are, and what the value of the assets are. The answer to your question will be based on these answers. Speak with an estate attorney.
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