What type of document is this, is it a next of kin document? Does this document need to be filed in court or can I fill it out and just have it notarized? Bank account opened in New Jersey but she was living in the Philippines at the time of death. No will and she didn’t list a beneficiary on the... View More 
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answered on Mar 11, 2024
In this situation, the bank is likely requesting documentation to establish your legal right to claim the funds in your mother's account. This is a standard procedure when the account holder has passed away, and there is no designated beneficiary or joint account holder.
Since your... View More
Mom died, had annuities. Didn't want to leave my sister anything. Told so many people even her advisors she wants nothingto do with her. My mom stopped talking to her almost 5 years.
In a case like this, my sister is suing me for the annuities. Could I fight this in court? My mom... View More
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answered on Jan 1, 2024
You really need to act fast and retain an experienced Probate attorney who will act to protect your interest. You should also consider the attorney's reviews. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally... View More
Mom died, had annuities. Didn't want to leave my sister anything. Told so many people even her advisors she wants nothingto do with her. My mom stopped talking to her almost 5 years.
In a case like this, my sister is suing me for the annuities. Could I fight this in court? My mom... View More
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answered on Dec 29, 2023
In the absence of a designated beneficiary on the annuities, the distribution of your mother's assets, including the annuities, would typically follow the laws of intestacy in New Jersey. These laws determine the heirs and their respective shares. If your sister is taking legal action to claim... View More
I went to New Jersey to help plan funeral services and when I arrived he blocked me on facebook our way of communicating. At the funeral home the director said I had to sign a paper making him the executor. I asked what would happen to everything in April well month after month my brother told me... View More
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answered on Nov 5, 2023
In this situation, it's crucial to seek legal guidance from an attorney who practices probate or estate law in New Jersey. They can help you understand your rights and the proper procedures for contesting the beneficiary designation if it was indeed changed under suspicious circumstances. You... View More
I have his children and he gave me papperwork for once insurance but the others were signed 20 years ago and he didn't have time to change info so I wanted to know if I am able to use a text message he gave me stating that everything he has belong to the girls and I, so I can claim?... View More
answered on Nov 2, 2023
Sounds like you will need to hire a probate lawyer to get what you want if the family is not cooperating. The main person you need to speak to is the executor of his will. You can find this out by going to the provate court yourself. As for insurance you can call the insurance company and see if... View More
Both of my parents died. My stepdad was the last to pass away. He typed up a last testament and left the three properties and left it to my relative. Which isn't related to him. My mom had a will drawn up from an attorney years ago. It states that I'm her executor. I probated her will... View More
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answered on Jul 31, 2023
This is not the type of question that can be answered in a forum like this. This case will be one that an attorney would charge about an hour of time to review all the documents and provide you with your options and an understanding of what has happened. Pick the best attorney you can find and... View More
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answered on Jun 1, 2023
There are two set of rules here. First, the rules of the business entity (operating agreement, bylaws, partnership agreement, etc.), and the Florida Laws. The interest in the business entity sometimes has a transfer on-death provision. If the interest in the business passes to a certain beneficiary... View More
Can a power-of-attorney (POA) add themselves as member to an existing LLC and joint owner of a bank account owned by the principal or are these acts a breach of fiduciary duty (e.g., self-dealing, embezzlement), in particular, if the principal was incapacitated during the change? The LLC in... View More
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answered on Mar 12, 2023
You are going to need to meet with an experienced corporate and civil litigation attorney to have all the necessary documents reviewed and be provided with your options. You can expect to pay for an hour of attorney time to review all the documents and then make a decision. With modern technology,... View More
If she has credit card debt, will they make me pay them or make me sell the house to pay them if she has no money to pay them off?
answered on Feb 26, 2023
If you did not sign the credit application for the issuance of the card you are not responsible for the debt. The credit company can sue the Estate. Whether or not, they will have a lien against the property will depend whether you were tenants in common or joint tenants with rights of... View More
Executor/trustee insists he won't give anything until all beneficiaries sign a document which says they agree that the will and trust documents state that the beneficiaries have no right to an accounting. The document also states that they cannot sue for any purpose, even if facts are later... View More
answered on Feb 20, 2023
Are you referring to a release and refunding bond or another document. If a release and refunding bond, you may insist on amending the document so the release excludes waiving any rights against the executor for improper action but the refunding bond should be signed if written in the traditional... View More
Grandmother's property is in Camden County, NJ. Mortgage company entered a complaint in April 2022 that went unanswered because notification was NOT sent to the executor of the estate. Property is now in foreclosure scheduled for Sheriff's sale this week. The complaint, request for... View More
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answered on Feb 5, 2023
The only way to obtain a meaningful answer and learn what can be done about this is to have either an in-person consultation or a secure video conference and document review. It will require you to pay an attorney for at least an hour of attorney time. Speculating as to what has occurred and the... View More
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.
A recent Court order details the estate representative is to complete the estate and provide an informal accounting by the next hearing date, which is a month from now. After conducting a property records search I found a number of estate properties have yet to be listed and/or sold. I have doubts... View More
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answered on Mar 27, 2024
Consult with a NJ attorney: but are you sure the real properties that you looked at are in fact assets of the Estate? Chances are the heirs at law own them, not the Estate. You might search the titles also and determine present ownership. If they are Estate assets, then file a motion to... View More
We were unaware of him having credit cards nor have any evidence of credit cards until the bills and calls started rolling in. My dad did not have bank accounts in his own name. Whatever was jointly owned has been transferred through the right of survivorship to his wife. How can we pay for this... View More
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answered on Dec 8, 2023
Consult with a NJ attorney. But try to avoid Probate as that will attract the creditors. It is not the Spouse's debt, but sometimes the Spouse can be held liable for necessities. Again, avoid Probate, and see if any exemption statutes protect her.
The attorney that I retained never gave me the written agreement between us for what he should be doing and charging during administration of my mother's estate. I asked him to send me a copy but he never did. When I voiced my dissatisfaction about the services I had acquired. I received a... View More
answered on Nov 7, 2023
The attorney should most certainly provide you a copy. In some States the fee agreement is invalid if you do not get a copy.
Put your request for the fee agreement in writing.
My wife’s mother and her husband “stepfather” owned a house and they both passed away. Neither of them had a will. Her mother died first and then her husband died. The children are not the husband's children. The New Jersey property is valued at $48,000. Does my wife and her sibling have... View More
answered on Nov 6, 2023
I'm not a New Jersey attorney, so I can only give you some basic guidance and a direction of where to look. You will need to search for "New Jersey intestate succession." This website seems to have a good overview of how property is distributed when there is not a will; called... View More
will credit card debt be cancelled after parents pass ?
answered on Jul 7, 2023
Depends on whether there were cosigners as well as the size of the probate estate and other assets owned by the decedent.
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answered on Jul 3, 2023
Use the year that you were granted Letters of Administration.
He arbitrarily removed me from will by being non-responsive while communicating w/others. Executor refuses to provide financials. Myself and another beneficiary believe based on my father's income and sale of parents house that money is being hidden.
answered on Apr 12, 2023
The problem you raised is beyond the scope of this platform. The best thing to do is to retain an attorney who represents clients with complex estate difficulties.
The decedent was a NJ resident. The estate consists mainly of some bank accounts (with no designated beneficiaries) and a sizable inter vivos trust. I figure the executor can certainly take an executor fee in regard to the bank accounts but can the executor of the decedent's estate also... View More
answered on Mar 13, 2023
You failed to specify three very important issues. The first is whether the trust was irrevocable. The second was whether the grantor (creator of the trust) was also a trustee. The third is whether it was funded or was it funded by a 'pour over' provision in the will. Depending on these... View More
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