if no subdivision is done, and son agrees to pay sister in future when property is sold, what legal/tax issues does sister need to be aware of now or in the future?
Divisions of property which is the result of probate are exempt rom subdivision laws but not zoning laws.
As executor of my fathers estate, would a judge force me to sign off for his medical records to be released to his wife? I don’t want to sign but I don’t know if I have a leg to stand on.
The answer depends on all the facts involved, none of which are disclosed. My best suggestion is to speak to an attorney if you have not already retained one.
Please be more specific with your question.
Do I have rights regarding anything else?
Yes, you may have certain rights. The palimony statute has changed in NJ. I would suggest you read it carefully.It is a bit confusing. The best thing to do is seek an attorney with experience to discuss this issue.
When they married her 2 children were grown and out of the house. They never lived with my gather and nothing was ever in their mothers name. There was a joint account that only my dads money went into and the bills were paid from and she had her own account that her money went in and she spent.... Read more »
Your narrative raises a number of interesting issues. However, there was no question posed? The best suggestion would be to seek the advice of an attorney.
Received a Will to sign and the information does stay the verbal information I was told by the deceased.
The short answer is no, a will cannot be changed after the testator has died. You probably did not receive a will to sign. The only will you can sign is your own. If you do not understand what you are being asked to sign, you should take it to a probate attorney to review.
When a Will is created, is it filed anywhere so heirs can get a copy? There is a prior Will that her son took her to have drawn up, which he likely still has a copy of. Then her son took all of her life savings, putting her in financial ruin. So, she changed her Will after that with a different... Read more »
A will is necessary for probate in order for an individual named as executor to qualify. Other wise the decedent is considered to have passed intestate. The Court will appoint an administrator. A bond, in an amount set by the Surrogate must be obtained. The Estate is then distributed in the manner... Read more »
Contact the Surrogate’s Office of the county where the deceased person lived.
Family is searching for the latest Will. Nobody remembers the attorney's name to try to find her to get a copy of the Will. Can the lender call the loan due and/or foreclose on the house before the estate goes through probate? Can anyone else who lived in the house taking care of my... Read more »
My best response is that you have raised many important issues that require extensive responses which are beyond the scope of the platform. The best thing to do is retain the services of an attorney who is familiar both with real estate law and probate law.
When they married her 2 children were grown and out of the house. They never lived with my father and nothing was ever in their mothers name. There was a joint account that only my dads money went into and the bills were paid from and she had her own account that her money went in and she spent. We... Read more »
What is the question?
... what country's laws apply when it comes to inheritance concerning the land owned in the Philippines?
This is a question for an estate administration lawyer. Please contact an estate administration lawyer for assistance.
He already took her 2 friends estates. She got angry and devised a new will. A lot of $ involved.
This person obviously knows what he is doing so you better get a good lawyer to make sure he doesn't win.
If Obtained can I file the compliant/order myself? Surrogate court does not provide the forms! A court clerk informed me that the forms are not available online. I still searched for hours to no avail. I don't qualify for low income legal assistance and can't afford $5,000+ to pay a... Read more »
Although you have an absolute right to represent yourself in the Courts of NJ, my best advice is that you speak to an attorney, From reading between the lines of your question, I sense that the issues involved are sufficiently complex and, thus, require guidance in the complexity of probate... Read more »
The answer would depend on many factors the first and most important is what's in his will if he has one if not this will be a long process.
My grandmother believes that she is the rightful owner as the next of kin. However, I am trying to locate any documentation that proves same as Hurricane Maria heavily damaged the home.
It would be wise to speak to an attorney here in NJ who is also admitted in PR and familiar with PR probate proceedings.
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 »
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.
