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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 
answered on Aug 1, 2022
Very briefly, anyone can pay the real estate taxes. Speak to an accountant as to whether the payment is tax deductible for you or is considered a gift which may trigger having to file a gift tax return.
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
the trust didn’t always say 40. just lost the copy of the original but would i. e able to take it to court and get atleast some of
the money
answered on Jun 23, 2022
Looks Like something fishy is happening here looks like you should hire yourself a good lawyer to investigate and file a suit if necessary.
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
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
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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.
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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
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