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My mother in law passed with a will in NJ. One asset in her name, an IRA that transferred to her husband. One small bequest to a non family member ($2,500). All other assets jointly titled all passed to her husband (checking/savings, house)
Can the bequest be paid from checking account... View More 
answered on Aug 16, 2020
The IRA probably had a named beneficiary so the will wouldn't matter unless the estate is huge.
And you are correct that the joint items passed to the Hubby as jointly titled. So, if he wants to write a check for $2500 it is up to him. However, he may be entitled to anything not... View More
beneficiary but i know he has a large amount of my husbands $. what can I do?
answered on Aug 6, 2020
Much more information would be needed to be known for a lawyer to advise you on what to do. I suggest you set up an in person consultation.
about a 2nd will that was probated without my knowledge or consent is this legal? In nj
answered on Aug 5, 2020
You need to talk to an attorney.
Only one will is supposed to be probated. Every reason for 2 or more Will's I can think of is complicated and needs an attorney.
Mother passed without a will (no spouse). I had no contact with her for 20 years, a month later (last week) my sister passed. My brother in law wants everything. I was willing to let my sister have it all. Never said that or signed anything stating that, I feel I am entitled to a part of my... View More
answered on Aug 1, 2020
If your mother lived in FLA upon her death you need to speak with a Florida lawyer to see what your rights are.
Her mother refuse to sign the papers to have the money move to a trust until my niece is 21. My brother signed but because they have shared custody the mother must sign. Do I have to get a lawyer to have the court make her signed the documents? She has no reason not to sign except to be... View More
answered on Jul 16, 2020
As an executor, you have duties to the estate. You are kind of in a pickle. Talk to a probate attorney to go over your options.
His son was living with him and wants to stay in the house. His Half sister says it’s ok but when he sells she wants half. How do I set that up? There are no other assets so how do I pay off his debts and end my responsibilities As administrator?
answered on Jun 27, 2020
You need to have a lawyer write up a new deed and agreement.
Estate executor used dealer "trade in" value as the basis for purchasing a vehicle for 7K that she had previously valued at 10-15K. Lawyer claims that because a dealer wrote a note claiming this is trade in value, it is now an appraisal that represents fair market value. I think there... View More
answered on Jun 18, 2020
It doesn't sound like self-dealing in regards to the facts given however you can always let a lawyer look into the case. It is common for cars to be sold at the trade-in value rather than the private party or retail value.
Stocks were sold recently and had a gain of over $100,000, for example.
answered on Jun 17, 2020
Yes. An executor is entitled to commission on the income from an asset of the estate. See New Jersey Statute 3B:18-13 which reads in part: Commissions in the amount of 6% may be taken without court allowance on all income received by the fiduciary.
I have the testament with me I would like to keep the property the property is in Cabo Rojo, Puerto Rico
answered on May 18, 2020
You need to contact a lawyer in Puerto Rico to see if you have any rights to the property.
Decided to delete the details
answered on May 17, 2020
I am sorry to hear about your situation. Yur first step should be to speak to an attorney about all of your rights and options. You really do not want to have your personal information discussed in a public forum.
Can this be contested? Would it go through probate?
answered on May 6, 2020
The short answer is that you need to have a consultation with an estate law specialist.... not a general practitioner who does some estate work. Here though is the question that he is going to ask since your dad is still alive. I presume that the house is in joint name between your mom and your dad... View More
i hired a lawyer six months ago but they are not getting any answers from their lawyers. Should I hire another lawyer ?
answered on May 6, 2020
I am sorry to hear about your situation. It would not hurt to talk to another lawyer about your situation. With COvid-19 many things related to the government have been put on Hold, so even hiring another attorney may not help at this time, but going over your situation with another attorney may... View More
Executor of estate or estate? There is also no next of kin to establish an executor.
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answered on May 5, 2020
The executor does not HAVE to be "next of kin". Anyone with an interest in the case can petition the court to be appointed executor, and then the executor can receive the life insurance proceeds and use the funds to pay expenses of administering the estate.
I can’t afford the mortgage by myself. I have a sibling that lives There and pays nothing. Now that my mom is gone refuses to pay anything.
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answered on Apr 29, 2020
I am sorry to learn of your Mom's passing. I know exactly what you went through. What you are going to need to do to solve this problem is to bring a partition action to enable a sale of the property. If your mom past without a will then you will need a Probate attorney in addition to a civil... View More
I’m POA/POD. Her home is paid for. Mom has 4 bum kids over 55. My mom didn’t want her bum kids getting any of the money from the sell of her home she wanted it to go in trust. The other siblings will offer no resistance to the sell of the home.
answered on Apr 28, 2020
You need to go through the Probate process. You will need her death certificate. You should also get the other kids to sign off on you being the personal representative for the estate. Since there isn't a will you would have to get a bond to serve as the personal representative.
If... View More
Mom had been living in an assisted living facility which exhausted all of her cash assets. Her checking account, of which she and I were co-owners, has a present balance of $50. She had no other assets. She sold her home years ago and was living with me before she went into the assisted living... View More
answered on Apr 28, 2020
I am sorry for your loss. The $50 automatically passes to you as the joint owner of the account. It does not sound like you have any reason to probate the will since there are no other assets.
Part of her estate, but he doesn’t have a bank account. I’m uncomfortable sending him a substantial check. Do I have any legal recourse? Can I stipulate that the funds will be dispersed through direct deposit only? Thank you.
answered on Apr 27, 2020
If you are uncomfortable sending him a check for a substantial amount, you can mail it USPS Certified Mail, return receipt, so he has to sign for it.
It's a total of $300k
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answered on Apr 19, 2020
Yes your child can gift the money back to you. It would be a taxable gift but the odds are no gift tax will be owing due to a lifetime gift tax exemption in excess of $11 million per person at this time.
And give it to me. I am the executor. What do I need to do. Want to avoid probate
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answered on Apr 19, 2020
You need to schedule a personal consultation with a probate attorney and provide more facts. Disclaimer might not achieve the result you want because it results in your children being deemed to have predeceased your mom with the result that the funds would go to persons other than you, depending on... View More
Our mother left her will to her grandchildren. They want to disclaim their inheritance. Can they disclaim it to their parents ? If yes can they put a money value of what they will accept and disclaim the rest ? Will it automatically pass to their heirs or can they name who it will pass to? Some... View More
answered on Apr 17, 2020
You should have an attorney review the will. The questions you are asking can have different answers based on what is exactly in the will. The ages of the children will also need to be factored.
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