Get free answers to your Probate legal questions from lawyers in your area.
My brother passed away last October in Hudson County, NJ. He was unmarried, with no children, and did not leave a will or designate an executor. He left behind credit card debts and a bill for emergency transport incurred on the day his body was found. His assets include a checking account and an... View More 
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answered on Feb 28, 2025
I am sorry that you lost your brother. Probate is not a simple process and you are emotionally involved and not a trained attorney. They advise attorneys not to represent themselves. You need to be represented by a Probate attorney. The Estate, not the heirs are responsible for the... View More
My brother passed away last October in Hudson County, NJ. He was unmarried, with no children, and did not leave a will or designate an executor. He left behind credit card debts and a bill for emergency transport incurred on the day his body was found. His assets include a checking account and an... View More
answered on Feb 28, 2025
Attorney Boyer is correct and let me add we are not allowed to give you specific legal advise on what to do as per the terms of service of the website. That being said the laws for settling an estate are located under section 3B of the New Jersey Statutes Annotated. Lastly it is the adminstrators... View More
My father owned a home in which he and his girlfriend are the deeded owners - it is his only asset and I want to sell. She (GF ) can not afford the home and is simply living there and has not initiated any moves on selling..etc..
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answered on Feb 14, 2025
This is something that you need a Probate Attorney to represent your interests in this matter. Furthermore you are emotionally involved in this matter and not a trained Probate attorney. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a... View More
answered on Aug 14, 2024
Attorneys who handle estate-related matters could answer your question best, but you await a response for a week. Your question may have been overlooked in the general "Uncategorized" category. Although some questions do go unanswered on this forum, you could try reposting and adding the... View More
my son’s father died by getting hit by a drunk driver. he was driving. Uber at the time. One of the passengers died as well and One survived. The one that survived is now filing a wrongful death lawsuit against my son’s estate. He’s cleaning all these claims that he told my son‘s father to... View More
answered on Jun 22, 2024
I'm very sorry for the loss of your son's father. Like you say, it could be a matter of grabbing at straws for lack of other viable sources of compensation. You mention having a lawyer - it isn't clear from the description if this is a probate lawyer for the estate or a... View More
My husband's grandmother passed away 10 years ago in Puerto Rico. She left him money that his Aunts knew about and never told us. My husband passed away 7 years ago and they're just telling me now about this. How do I claim this money?
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answered on Jun 19, 2024
To claim the money left by your husband's grandmother to your deceased husband, you will need to go through the legal process in Puerto Rico. Here are the general steps you should follow:
1. Obtain a copy of your husband's death certificate and his grandmother's will or... View More
I need to get my Father's Will be validated or deem not valid to obtain documentation for Puerto Rico Courts. Back up note. He died in Puerto Rico; however, Puerto Rico is asking for documentation from New Jersey Courts to verify that the will is not valid. How do I go about getting this and... View More
answered on May 26, 2024
First, I am sorry to learn your dad passed away. It's not a simple situation anytime.
As to your question, I'd need to know a lot more about the particulars. I take it he was a resident of NJ and died in PR on vacation, visiting relatives, wintering, etc. This happens a lot in... View More
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 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
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
I purchased a home in New Jersey from my brother's trust in 2017. The title and deed are in my name, though there was a life estate clause for my brother. After he passed away in 2023, my sister claimed some items in the house, but no specific items were listed in his will or trust. These... View More
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answered on Mar 4, 2025
You should consult an experienced Probate attorney to find out who is entitled to what. Good luck.
both names are still on deed . they never married and the last survivor had a will does that affect the heirs of the first deceased party
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answered on Feb 4, 2025
Hire a NJ attorney to search the title and determine ownership. You have not stated what estate is in the deed.
by 2 beneficiaries & over $200k is missing, spent by myself and 2 other beneficiaries before decedent passed(He didn't know). (There are 5 beneficiaries total) The 2 other beneficiaries got nothing therefore their challenge. I don't have the money to put back. Can I go to prison?
NEW JERSEY
answered on Oct 25, 2024
The answer depends on the facts of your case thus more information would need to be known to answer your question. But if you didn't have a good reason for why the money is missing yes that could be a reason to be charged with a crime and possibly go to jail.
answered on Jul 9, 2024
You have this posted under "Contracts," but it's possible it could be something larger than a simple contract for the sale of a house, since you mention an executor. This could be a situation where you might want to consider a consult with an attorney who handles estates, wills, and... View More
Estate litigation family not getting along .
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answered on Jun 1, 2024
It means that you are not represented by counsel and better retain an experienced Probate attorney right away. Trying to represent yourself in such a complex matter can have grave consequences. 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
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
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