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
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.
This case involves probate/estate litigation:
The Judge ordered the opposing counsel to provide an accounting of his client’s use of POA to the decedent. The OC filed an accounting that was not accepted by the Judge. The Judge clarified verbally during the next hearing what kind of... View More
answered on Oct 9, 2022
Actually, pursuant to case law, the order given by the judge orally from the bench controls if there is a dispute between the language of the written order and what the judge ordered from the bench. I would immediately order a copy of the transcript of the court's ruling and write to the court... View More
answered on Aug 29, 2022
That would depend on a lot of information that is missing such as was their a property settlement agreement when they got divorced. Was she still named on the deed. Was she living in the property and this is just three of the many questions a lawyer would need to ask before giving you an answer.... 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
answered on May 8, 2022
You don't have to worry about doing small probate because she died with the will, just have executor file the will with the local county probate office. Luckily when you die having a will the probate process is much easier, even a simpler procedure than with "small probate". Using... 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
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
The Philippine law on evidence requires an authenticated copy of the said law to be presented in court as proof of said foreign law. I am wondering how to obtain said official copy. Is it enough to print it myself and have the same Apostilled before the NJ Dept of Treasury, or is there a proper... View More
answered on Dec 5, 2022
Either from Justia.com or Thomas Reuters that owns Westlaw. West Publishing is located in Eagan, Minnesota.
Is this something I can do on my own to save money?
answered on Nov 14, 2022
If you are familar wiyh the requirements you may represent yourself. However, my advise is to retain the services of an experienced estate attorney.
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