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I am 80+ yr old widow with residence in NJ. My husband passed away recently without a will. All his assets passed to me without probate except for an old car. The car was titled in his name only. I need to transfer title of the car to myself so I can sell it. I have heard there is a simplified... View More 
answered on Aug 23, 2020
The real question would be how much is the car worth. If it is under 20K you are in luck see NJSA 3B:10-3. which discusses when a spouse or domestic partner is entitled to assets without administration. For your second question, yes a lot of this can be done remotely now due to Covid 19. Saying... View More
My mother died and left a life insurance policy with my brother and father's names on it. My father stated, she did this with the intentions of my brother dividing it amongst the 4 children. He claims he didn't want to be taxed on it so he put it in dad's name. He is my dad's... View More
answered on Aug 17, 2020
This is not a family law question but a question better directed to an estate litigation lawyer. It may be worth your time and money to sit down with a specialist to find out if you have recourse against your brother.
My mother in law passed with a will in NJ. One asset in her name, an IRA that transferred to her husband. One small bequest to a non family member ($2,500). All other assets jointly titled all passed to her husband (checking/savings, house)
Can the bequest be paid from checking account... View More
answered on Aug 16, 2020
The IRA probably had a named beneficiary so the will wouldn't matter unless the estate is huge.
And you are correct that the joint items passed to the Hubby as jointly titled. So, if he wants to write a check for $2500 it is up to him. However, he may be entitled to anything not... View More
about a 2nd will that was probated without my knowledge or consent is this legal? In nj
answered on Aug 5, 2020
You need to talk to an attorney.
Only one will is supposed to be probated. Every reason for 2 or more Will's I can think of is complicated and needs an attorney.
answered on Jul 31, 2020
You never need a lawyer for anything, but if you want it done right and you don't want to end up in court paying a lawyer several hundred or even up to $1000 dollars it is the smart way to go. A few dollars today, can save you tens of thousands later. As they say don't be penny wise... View More
My sister in-law filed for divorce from my brother while he had ALS. My brother died before the divorce was final. My sister in-law remarried shortly after. Her new husband adopted my niece & she now goes by her adopted father's name. Is my niece still entitled to family assets when my... View More
answered on Jun 24, 2020
The adoption terminated the legal relationship between the biological parent and the child and created a new legal relationship between the adoptive parent and the child.
Because the biological parents’ rights were terminated, the child no longer has an automatic right to an inheritance... View More
Mom passed away recently. She was living on Social Security and lived with my sister. She had no property and a very small bank account. No savings. Is getting an attorney necessary?
answered on May 19, 2020
In my opinion, If the person has no assets you probably don't need to get a lawyer.
I have the testament with me I would like to keep the property the property is in Cabo Rojo, Puerto Rico
answered on May 18, 2020
You need to contact a lawyer in Puerto Rico to see if you have any rights to the property.
She excluded my 2 brothers and 2 cousins also. 2 sisters, 2 other cousins, 1 niece and a neighbor were named, as well as her brother ( my uncle). 40% to uncle and 10% to the other six. Her will was executed in Hackensack, New Jersey. what recourse if any do I have to contest the will that I was... View More
answered on May 16, 2020
In NJ a person can leave their estate to anyone they want. The only person they must give something to is their spouse as they are entitled in most cases to an elective share. That being said we don't know your case so speak to a lawyer to see what if any rights you may have.
answered on May 15, 2020
Maybe, much more information would be needed to be know to answer your question starting with a review of the original deed and the relationship of the parties etc, etc. etc. Setup a consultation with an experienced lawyer, it may cost a few bucks but you will get the information you need to give... View More
answered on May 15, 2020
Speak with a lawyer to determine your rights but it sounds like the spouse could be entitled to her elective share.
I have a friend who was tricked to signing a power of attorney because they were together 5 years and now she has control of his business and finances and he has no way to end it because he would lose everything if he walks away or ends their relationship. He told her he would marry her if she... View More
answered on May 12, 2020
A power of attorney does control your money and assets. You can revoke the power of attorney, but for some it may be too late. Setup a consultation about what you should do with a good lawyer.
Can this be contested? Would it go through probate?
answered on May 6, 2020
The short answer is that you need to have a consultation with an estate law specialist.... not a general practitioner who does some estate work. Here though is the question that he is going to ask since your dad is still alive. I presume that the house is in joint name between your mom and your dad... View More
I am permamently disabled and cannot leave my home. I have an important document that needs to be notarized to be given to a Surrogate Court. Since I cannot physically go to my local bank that has a notary agent on staff, is there ANY other way to have this procedure accomplished?
answered on May 4, 2020
Yes governor Murphy signed a temporary remote authorization law, but its not easy to get done and I don't know anyone doing them due to all the restrictions.
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answered on Apr 30, 2020
You deliver a notice to anyone who has possession of the POA and everyone who has ever been provided a copy, telling them that you have revoked it. It would be best to send it using a method that requires a signed receipt or at least has tracking, such as certified mail return receipt requested or... View More
I can’t afford the mortgage by myself. I have a sibling that lives There and pays nothing. Now that my mom is gone refuses to pay anything.
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answered on Apr 29, 2020
I am sorry to learn of your Mom's passing. I know exactly what you went through. What you are going to need to do to solve this problem is to bring a partition action to enable a sale of the property. If your mom past without a will then you will need a Probate attorney in addition to a civil... View More
I’m POA/POD. Her home is paid for. Mom has 4 bum kids over 55. My mom didn’t want her bum kids getting any of the money from the sell of her home she wanted it to go in trust. The other siblings will offer no resistance to the sell of the home.
answered on Apr 28, 2020
You need to go through the Probate process. You will need her death certificate. You should also get the other kids to sign off on you being the personal representative for the estate. Since there isn't a will you would have to get a bond to serve as the personal representative.
If... View More
It's a total of $300k
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answered on Apr 19, 2020
Yes your child can gift the money back to you. It would be a taxable gift but the odds are no gift tax will be owing due to a lifetime gift tax exemption in excess of $11 million per person at this time.
And give it to me. I am the executor. What do I need to do. Want to avoid probate
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answered on Apr 19, 2020
You need to schedule a personal consultation with a probate attorney and provide more facts. Disclaimer might not achieve the result you want because it results in your children being deemed to have predeceased your mom with the result that the funds would go to persons other than you, depending on... View More
answered on Apr 14, 2020
I am very sorry to hear that your husband passed away. Typically, if your spouse dies without a will, you would take his death certificate to the court and apply to be appointed as the administrator for his estate. The Surrogate's Court would issue you Letters of Administration. These Letters... View More
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