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.
about a 2nd will that was probated without my knowledge or consent is this legal? In nj
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.
Mother passed without a will (no spouse). I had no contact with her for 20 years, a month later (last week) my sister passed. My brother in law wants everything. I was willing to let my sister have it all. Never said that or signed anything stating that, I feel I am entitled to a part of my... Read more »
If your mother lived in FLA upon her death you need to speak with a Florida lawyer to see what your rights are.
Her mother refuse to sign the papers to have the money move to a trust until my niece is 21. My brother signed but because they have shared custody the mother must sign. Do I have to get a lawyer to have the court make her signed the documents? She has no reason not to sign except to be... Read more »
As an executor, you have duties to the estate. You are kind of in a pickle. Talk to a probate attorney to go over your options.
His son was living with him and wants to stay in the house. His Half sister says it’s ok but when he sells she wants half. How do I set that up? There are no other assets so how do I pay off his debts and end my responsibilities As administrator?
You need to have a lawyer write up a new deed and agreement.
Estate executor used dealer "trade in" value as the basis for purchasing a vehicle for 7K that she had previously valued at 10-15K. Lawyer claims that because a dealer wrote a note claiming this is trade in value, it is now an appraisal that represents fair market value. I think there... Read more »
It doesn't sound like self-dealing in regards to the facts given however you can always let a lawyer look into the case. It is common for cars to be sold at the trade-in value rather than the private party or retail value.
Stocks were sold recently and had a gain of over $100,000, for example.
Yes. An executor is entitled to commission on the income from an asset of the estate. See New Jersey Statute 3B:18-13 which reads in part: Commissions in the amount of 6% may be taken without court allowance on all income received by the fiduciary.
I have the testament with me I would like to keep the property the property is in Cabo Rojo, Puerto Rico
You need to contact a lawyer in Puerto Rico to see if you have any rights to the property.
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