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When I was 13 or so, my grandmother passed away. For perspective, I am 21 now. She left the family with an estate worth X amount. Seeing as though I was only 13, I was never contacted about anything regarding the estate and never knew anything about it. That being said, the estate took many years... View More 
answered on Jul 5, 2022
The short answer is that the estate documents should have referenced the appointment of someone on your behalf since you were a minor and entitled to receipt of benefits under the estate plan. I dont know what complications took place causing an 8-year delay in winding up the estate but that may... View More
One was handwritten around 2007, maybe earlier. The other one was written in 2014. The first list contains a necklace that was given to me, by my mother in 2014. My mother passed Dec, 2021. The other sister says it’s still part of the list and wants it back. I strongly disagree.
answered on Jun 26, 2022
Sounds like you have the item and it was on the later list so it sounds like you have the right to keep it. But a lawyer would need to review all the documents and the estate documents issued by the probate court to tell you anything with certainty.
My sister passed away and I am the one who managed her trust (approximately $250K). It is to be split between me and two brothers. My question is, do I simply distribute the trust, a third each and have each of us 3 declare the inheritance and pay taxes at our year end taxes, or does the trust pay... View More
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answered on Jun 24, 2022
You really need to retain an experienced Probate attorney, who will know how to handle the provisions of the trust. This is a legal question, not an accounting question. Only attorneys are licensed to give legal advice, not accountants. Another type of attorney you could consider is an Estate and... View More
the trust didn’t always say 40. just lost the copy of the original but would i. e able to take it to court and get atleast some of
the money
answered on Jun 23, 2022
Looks Like something fishy is happening here looks like you should hire yourself a good lawyer to investigate and file a suit if necessary.
Hello-I was engaged to my fiance who has passed away. We shared his house for the past 2 years, but I was fully moving in this month. I had 1/2 of my belongings there. We were to be wed in September of this year. My son and I were in the process of moving in and had boxes everywhere. My name... View More
answered on Jun 9, 2022
Have you spoken with his children as to that text? I would find out if they are ok with you getting the house. I would also meet with a lawyer who specializes in estate planning, to review that text to see what steps you need to take at this point. Rest assured that his first question will be... View More
I am married and relocating to NJ. I plan to purchase a home in NJ. I will be putting in approximately 90% of the funds to buy the home and my spouse only 10%. We're buying the home cash without a mortgage. Question 1: can we specify in the deed the respective ownership % of each party?... View More
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answered on May 29, 2022
New Jersey is an equitable distribution state. You can seek to obtain an experienced matrimonial attorney to prepare a post nuptial agreement that embodies the terms you mentioned. You should also consider the alternatives, which include taking a mortgage and putting down an equal amount or do not... View More
My mom is 90 years old and she has a will. I keep on telling her I think she should get a trust, I think it’s called a living trust. She has six children and everything is to be divided equally. Is a will sufficient
answered on May 16, 2022
The honest answer is that a good Will is all the most people need. Why? A properly drafted living trust generally costs several times what a Will generally costs upfront and over your lifetime. Thus, the reason you will see most poor and middle class people use Wills and many of the Rich will... View More
Dad passed years ago but houses were not distributed or new deeds were not done so now that mom passed the houses are still in his name. Are they considered an asset of her estate? Would they need to be listed on her estate paperwork in the US? Or is US and PR kept separate? We will need to use... View More
answered on May 3, 2022
Whether the assets are part of your mother's estate will depend on how title to the property was deemed to have passed at your father's death. If title passed by operation of law to your mother, the property is part of your mother's estate. It may be used for any lrgal purpose by the... View More
My wife and I are separating and she will be moving out of the country. What documents do I need to get her signed before she leaves so I can sell the house later? Is there a possibility to remove her name from the deed?
answered on Apr 9, 2022
It is very easy to do. Make an appointment with an attorney to prepare a deed which she signs along with several other documents required for transferring title. The attorney hold the documents in escrow pursuant to a written escrow agreement which calls for release upon sale of the property.
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answered on Mar 21, 2022
Nobody can answer this question for you. This is entirely for you to decide.
Maybe think of who you consider to be your favorite person in the world, the one you would want to receive these benefits if you were to suffer an untimely death or, if there is no such person, a charity that... View More
My father died in 2020 I am next blood relative. He was named in his mother's will for his inheritance. I have been kept out of most of the happenings but understand that most of the inheritance was based on the sale of her home. The home sold and while I understand there were costs involved,... View More
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answered on Mar 20, 2022
Your situation is not simple and you really need to consult with an attorney for advice regarding your particular circumstances. If you do not assert your rights in a proper and timely fashion you will lose them.
As a general rule, no, family members are not entitled to be compensated out... View More
there was no will.
answered on Mar 11, 2022
We are not supposed to give you specific legal advise on this forum, for that you need to setup a consultation with a lawyer, but the law that answers your question is at 3B:5-1 thru 16. I hope this helps.
My father lives in New Jersey. I am my dads only son, I checked online and he owns 3 properties and they are under his and her name, I fear that she will give it all to her kids
answered on Feb 28, 2022
My suggestion is that you schedule a consultation with an estate law specialist (not simply a general practice lawyer who also handles estate work) to find out your rights.
Presuming your father passed away without a will and presuming that title to the 3 properties were in joint name with... View More
answered on Feb 19, 2022
You should have your father call one of us lawyers to draft a will for him.
i am trying to get information as a POA from an account set up by a prior POA for my grandmother. They are asking for all of my personal information to access her account stating "Banking laws require" it sounds odd since my information has nothing to do with her account.
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answered on Feb 10, 2022
Personally, I agree with you that all of that information about YOU, the attorney in fact, should not be required. Some of it, maybe, but not all of it. HOWEVER, the sad fact is what the bankers are telling you is correct. They have to satisfy government regulatory requirements that mandate that... View More
answered on Jan 31, 2022
Generally in NJ it is ok for a beneficiary to be a witness to the will, however it is not the best practice to do so and could cause issues later.
Survivorship. This is in New Jersey.
Do I have to do 2 quit deed claims?
Or it is just one filing?
My sister is alive and willing to sign.
answered on Jan 25, 2022
All that is needed is one deed with your sister named as the grantor (seller) and you and your son named as grantees (buyer). The deed can simply either name you and your son as joint tenants which has rights of survivorship or add a clause after the description that it is the intention of the... View More
We Were informed that there may be a fee earned by the executor who has to do all of the physical work needed and expenses to clear out a home and handle legal fees.
answered on Jan 20, 2022
Is there a will and does the will make any mention of whether or not the executor is to be compensated or not compensated? If not, then you need to look at the law of the state to see what it says as to compensation. If the executor incurs out of pocket expenses, then yes, I expect the executor... View More
My partner and I are unmarried with two
minor children. With no will what would happen to the property in only his name?
answered on Jan 13, 2022
If your asking what will you get, in general a spouse will get only get an elective share as required by NJ law but only if you were living with your spouse at the time of his/her death and you were not subject to a post or prenuptial. Elective share generally ranges to about 1/3 of the persons... View More
answered on Dec 20, 2021
Yes. This is frequently done when there is a complex estate and the executor will retain the assistance of an accountant of financial advisor. A well drafted will would have given the executor explicitly to do so.
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