Get free answers to your Probate legal questions from lawyers in your area.
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
Aunt passed 9/28/21. Will was probated in Dec. My brother & I are beneficiaries of IRA's & our children are in the will, each to receive a set amount of cash. We have a copy of the will, but not the death certificate. Our children have yet to receive notification that the executor has... View More
answered on Feb 8, 2022
The brief details appear sufficient to proceed with an application to have an administrator cta (with will attached) appointed.
My partner and I are unmarried with two
minor children. With no will what would happen to the property in only his name?
answered on Jan 13, 2022
If your asking what will you get, in general a spouse will get only get an elective share as required by NJ law but only if you were living with your spouse at the time of his/her death and you were not subject to a post or prenuptial. Elective share generally ranges to about 1/3 of the persons... View More
Document except my brother who is incarcerated. Do I need his permission to move forward or does the majority of us rule?
answered on Dec 22, 2021
Apply for administration, listing all the siblings. The Surrogate will appoint or more of the siblings as administrator(s).
Taxes for a property of the estate has not been paid for over a year resulting in a tax sale being issued on the property. I have reached out to the counsel of the estate representative to inform them of the unpaid tax and tax sale notices multiple times and they have ignored my messages.... View More
answered on Dec 7, 2021
This is not a family law question and should be answered / directed to an estate lawyer to guide you on your rights in addressing the obligations of those responsible for administration of the estate.
I live in the state of New Jersey. My sister is currently administering my late mother’s estate, which includes a Medicaid lien of 200 thousand dollars (including additional charges). Medicaid sent notice to the estate administrator to provide a full accounting of the my late mother’s estate.... View More
answered on Nov 27, 2021
Yes submission of knowingly false information to the government is a criminal act. The possible maximum penalties are quite severe. I suggest you speak to an attorney with experience in handling federal criminal acts.
My sister is currently Administratrix of my late mother’s estate and has already committed various breaches of fiduciary duty, including requesting the estate reimburse her for debt owed by the decedent she was liable to pay as power-of-attorney and attorney-in-fact to the decedent before her... View More
answered on Nov 17, 2021
You need to go over everything you just asked a question about with an attorney. I have seen a $400 home sell for $78,000 because of liens that couldn't be avoided so the new owner took on the liens. I have also see properties sell under market value because a hoarder lived in them, tenants... View More
I am the fiduciary for my late mothers estate. I have a Limited Letter of Administration for a lawsuit in regards to my mother (9/11). Now I getting calls from people asking if I am selling my mothers property, which is a house in the Bronx. I knew nothing of this until the calls. Now I need to... View More
answered on Nov 16, 2021
To begin contact a title agency and ask for a property search. As for personalty, check any checking accounts , review prior year tax returns, go through the mail, search pockets in clothes that are in her home, ask people who were familiar with her.
answered on Nov 11, 2021
The statute of limitations for filing a complaint varies depending on the cause of a action. I the claim is based on a personal injury, the answer most likely is no. If the cause of action involves a contract or monetary dispute, the answer most likely is yes.
His wife is the notary.
answered on Oct 27, 2021
A better practice would be to have the will prepare by another attorney. This would eliminate any potential claim of undue influence exercised by the attorney.
answered on Oct 22, 2021
In sufficient information to even begin considering a proper response.
recieved a letter that my aunts attorney sent wanting me to sign over my rights and make her executer of my grandmothers will or the truste and I'm next of kin
answered on Oct 22, 2021
The testator, the person who makes a will, controls who the executor will be. If there is no will, an administrator is appointed by the Surrogate or a Judge of the Superior Court. You may have the right to be administrator, follow through by retaining the services of an attorney who is familiar... View More
recieved a letter that my aunts attorney sent wanting me to sign over my rights and make her executer of my grandmothers will or the truste and I'm next of kin
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 22, 2021
What is your question?
Family believes the life insurance should be part of the estate even thought it was left in my name snd not theirs.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 7, 2021
As a general rule, life insurance proceeds payable to a named beneficiary are NOT included in the decedent's probate estate. The law presumes that the decedent meant what she said when she named you as the sole life insurance beneficiary. It is a very tough presumption to overcome. Your... View More
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?
answered on Aug 20, 2021
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.
answered on Aug 19, 2021
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.
Do I have rights regarding anything else?
answered on Jun 25, 2021
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.... View More
answered on Jun 21, 2021
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.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 18, 2021
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.
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.
