His state. Does he have anything to be probated in NJ or PR for that matter?
My dad left me the house, I cared for him 24/7 for 400 days. My siblings all own their own homes and never visited or came to funeral, but want the house. The house has a lean that I was paying
I am sorry to hear about your loss.
So, 50 interrogatories can be high or low based on the case and what is being asked and why. Have one case where over 60 medical subpoenas are going out based on things that happened and multi years of multiple doctors. The interrogatories varied from... Read more »
My father passed away and there was a prenup and his wife got nothing, it’s been almost 1 year since his passing and 7 months since the will was probated and I was made executor, she keeps asking me for things and if I don’t agree she threatens with these elective shares, is there a time limit... Read more »
No one can answer any questions about the "elective" shares, without reviewing them. If you were previously represented by counsel, then you need to contact that attorney. If not, you are going to need to retain counsel to resolve this matter. During this pandemic, you have a choice of... Read more »
Tricky question. The key phrase if you dig into the law is "taken in by the executor." A non-probate asset may end up in the executor's hands. So a non-probate asset designated in a poor way may have to be probated. (Example: 401k beneficiary names a dead sibling. No secondary... Read more »
Trying to help mom through these last few steps. The bank has made her husband's bank non-joint account an Estate of [his name] account. We have read that, if the decedent did not have valuable property over $20,000, surviving family members can take advantage of New Jersey’s simplified... Read more »
Your mom would need to file the correct forms with the probate court in the county where she resides. If her husband had a will and the will named her the executor of the will, she would need to fill out the probate forms with the original will and submit it to the probate court where she resides.... Read more »
A judgment in one state can be enforced in another.
Im am the grandson and attempting to begin the probate process i assume...
I am sorry for your loss. This question was pushed out to patent attorneys and does not belong there. I am responding so that the question it linked to the right groups.
My ex-wife passed away last week. She was rushed to the hospital and had no medical insurance. Our daughter is a full time college student, and has just turned 21. Is my daughter responsible for her mother's medical bills? Or any other bills? Such as back taxes her mother owed?
Am I... Read more »
I'm very sorry for your family's loss. If you wanted to try reposting and adding Probate and Estate Planning as categories, you could have better chances of a response. There's no guarantee all posts are picked up, but it sounds like something where an attorney could give more... Read more »
there is only 60,000 left after bills but I am confused on the law when it says ...spouse gets 25% but not less that 50,000 or more than 200,000....Do I keep the 60,000 with out sharing or ??? Im confused
I am sorry for your loss. The division of property depends on whether these are also your children or un-adopted stepchildren. If they are your and your husband's kids, you keep everything.
If you have step-children, you probably should talk to an attorney because the division of... Read more »
My father died intestate but he had no spouse but had 3 children from his ex spouse my mother
This question is best answered by a lawyer who specializes in estate work - my suggestion is that you look for a lawyer who specializes in estates and trusts and schedule a consultation with him / her. I dont know how much money your dad had at the time of his passing or whether he owned any real... Read more »
Beneficiary has evidence to prove the POA/Trustee is breaching his fiduciary duties. Beneficiary hires a lawyer. His lawyer petitions the court for a discovery which is denied. Judge orders a deposition of the POA/Trustee. My lawyer failed to reveal a significant amount of info to persuade the... Read more »
You didn't ask a specific question, I suggest that you seek an in office consultation to get a second opinion if you don't like what your lawyer is telling you or what he is asking you to do. That being said expect a lawyer to charge you for his time and advise.
Is there a probate hearing in Cape May County NJ and how does that work. What if I wish to contest the executor named in the will. My brother is one of the executors and I dont know if I can trust him. What is the requirement of the executor to share all financial records of my deceased mother.
Speak with a lawyer a probate hearing is generally only if the case is contested. The will generally is just filed with the court and the executor appointed as per the will. The fact that you don't trust him won't sway the court much as the person that needed to trust the executor was... Read more »
The decision will be up to your probation officer but generally you will need to live with your guardian who is generally your parents.
My son-in-law did not leave a will.
Maybe, much more information would need to be known to properly answer this question, but the law would probably give her at least 25% See NJSA 3B:5-3(c)(1)-(2 )
Is my minor child or my bf mother next of kin
More information would be needed to properly answer your question as you did not say whether your minor child is also his child.
Are attorneys able to get an audio of a court hearing that they're involved in fairly quickly?
Yes, absolutely. For a $10 fee, it is quite simple to obtain audio of a Court proceeding. The audio file is usually provided by the Court within a couple days.
Deceased woman left a life insurance policy in her husband and son's name. The son was serving as her executor. Father told son her wishes were for him to divide it between her four children. He told dad he put it in his name because he didn't want to be taxed on it. His father said, in... Read more »
You never stated who you where so you may not have any case at all but the father may.
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... Read more »
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... Read more »
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... Read more »
beneficiary but i know he has a large amount of my husbands $. what can I do?
Much more information would be needed to be known for a lawyer to advise you on what to do. I suggest you set up an in person consultation.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
