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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... View 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.
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... View 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... View 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... View 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... View 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?
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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... View 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... View 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... View 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... View 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... View 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.
My husband is her only heir. He and I declined to take on any assets (namely her home and car) and we declined to administer the estate. A debtor is now suing for foreclosure and we are receiving endless summonses because we are named as heirs/interested parties. Do we need to answer these summons... View More
answered on Sep 27, 2022
Whether or not you are willing to accept or be responsible for any interest in the state, you have an interest which needs to be addressed in the foreclosure action. You will continue to receive information. If you do nothing, at some pont in time, the plaintiff will seek the entry of a default in... View More
Real Estate trust in NJ
What is the timeframe to sell? Should we be notified of the listing of home or price?
answered on Sep 23, 2022
The executor has time to sell the property when the executor feels it is the best time for the benefit of the Estate.
If it is a debt will I become required to pay his debt if I am heir? If not a debt & income how can this effect my tax liability?
answered on Aug 9, 2022
I suggest you setup a consultation with a lawyer. You have more than a simple question here and a lot will depend on who you are in the will. For example are you executor or just a beneficiary. As for tax liability that should be asked to a CPA
The form already filled out. Can I just get two witnesses inside to sign or how would I get something notarized while incarcerated
answered on Aug 5, 2022
Logistics will require coordination with prison/jail security. Generally speaking if one is serious about the execution of a power of attorney or any other estate planning documents, then one ought to seriously retain an attorney to draft and oversee the execution of the instruments.
I live in my moms place in New Jersey and have been for 38 yrs now he’s trying to kick me out since he says he’s power of attorney!! If he isn’t poa can he legally do this to me ? He won’t show me the document that he’s power of attorney either
answered on Jul 13, 2022
Yes, he should show you proof of his authority as deputy under the power of attorney. If your mother is suffering from dementia and has been diagnosed, the power may not be valid if executed when you mother was not considered to be capable of executing legal documents. You should speak to an estate... View More
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answered on Jul 12, 2022
That would be practicing law without a license. "Template" legal documents are rarely worth the paper they are printed on. If your friend cannot afford a private attorney, then that person needs to contact NJLS or law school legal clinics.
answered on Jul 7, 2022
If it were a gift, yes. If a bailment, perhaps. Speak to Estate attorney.
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