Get free answers to your Probate legal questions from lawyers in your area.
involved is an automobile with estimated value under $15,000.
No other assets are involved
answered on Mar 8, 2019
You have not provided a question to answer only a statement.
answered on Mar 7, 2019
Anyone could be named in a will the problem would be if the will requires a bond could they be able to get one.
My sister has not claimed her share of the policy and the insurance company will not give it to the estate. What will now happen?
answered on Feb 27, 2019
I would suggest that you contact her to make sure she knows that it is waiting for her to claim.
My husbands’ parents have a conservator, but he is intimidating them and bullying them. They were tricked into signing affidavits by their daughter, who is only concerned about her inheritance, saying they are incompetent. Not until after the conservator was appointed, did they know what the... View More 
answered on Jan 3, 2019
Conservatorship usually requires the consent of the wards. They need to get an attorney, if they are being abused emotionally or financially or if they gave their consent under duress or false pretenses. If they truly lack capacity, guardianship is probably the more appropriate remedy, since... View More
But had no beneficiary named. Possibly my sister tho. I am on joint bank account w/ mom. Also I am living in the home and took complete care of her when she was sick. Can I as executor find out who was paid if it was sister and when the money will be paid to? Also is the joint bank account... View More
answered on Dec 22, 2018
These free answer sites are not setup for specific advise and answers that you can rely on. I suggest you speak with an estate lawyer.
my question is does the great nephew from the nephew that died get proceeds?
is the money divided equally between the nieces and nephews (9) 3 from my aunt 6 from my dad?
are the great nieces and nephews entitled? NO WILL
answered on Dec 8, 2018
Maybe it all depends on how the will was written and I hope he had a will.
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answered on Nov 24, 2018
Your situation requires an in person consultation with an experienced civil litigation and contract attorney. You need to set up the right corporate structure and discuss far too many things then can be mentioned here. There is a right way to do this, that will protect you and your company from... View More
After following Order of Priority to pay other claims, a small amount of decedent's money is left. None has yet been applied to mortgage on house or credit card bill. Can money be totally applied to mortgage and then credit card gets nothing (because mortgage is secured loan and credit card is... View More
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answered on Oct 30, 2018
Yes, the mortgage has priority over other debts.
I am the executor of my mother’s estate. My sister received a life insurance check because she was the beneficiary. We both knew that this was for funeral expenses so she asked me what account to put it in and I told and she put in the estate account. Now she wants to check back. Is this check... View More
answered on Oct 15, 2018
If the insurance check is related to a policy refund or some claim made by or for the decedent, then those funds are part of the estate. It should be deposited into the estate account and can then be used for any estate expenses. I don't understand why your sister "wants it back". If... View More
answered on Oct 6, 2018
Depends, we would need to know much more information to determine that. That being said for most individuals with assets of less than 5 million a will works just fine. Just make sure her will is recent (i.e updated within the last 5 years) and drafted by a lawyer. Lastly probate in NJ is not... View More
My brother passed away in Maricopa County Arizona without a will. I have been appointed personal representative and need to transfer the property to heirs (my brother and me) but there is an outstanding mortgage. To get new mortgage in heirs name so I can pay off old one, I was told I need to be... View More
answered on Aug 23, 2018
If the property is in Arizona you need to talk to an Arizona lawyer. Generally in NJ to transfer a property you need to payoff the mortgage.
us to relinquish any rights to anything that he had. Should we do this? She told me she has been in probate for almost two years to straighten out about $3,000 worth of debt. Should we sign this letter, or is she maybe trying to hide something?
answered on Aug 10, 2018
You're right she may be trying to hide something but you won't know unless you get an accounting for the estate.
He died without distributing anything . since he remarried what can I do because new wife is not doing anything. No will but a house, land, cars safety deposit box and saving account worth more 50,000.00 what can I do since she refused to do anything
answered on Jul 20, 2018
You start by seeking a consultation with an experienced estate planning lawyer because if your mother died without a will he could not legally appoint himself an administrator of the estate this must be done by the court.
My younger brother randomly claims that our deceased parents said he could live in the apartment of a five unit building in Hoboken, New Jersey as long as he wants. Our mother's Will (she died 5 years ago) never made mention of this. Our dad's Will who had survived her makes no mention of... View More
answered on May 10, 2018
As an executor you need to hire a lawyer where are the estate to determine what your best course of action is. Expect to pay a fee for the lawyers time in advice.
My brother lives in a Aguada, Puerto Rico two story dwelling, owns & lives in the first floor, rents the second floor. Half of us live in NJ, the rest in PR, but, PR claims that the 2nd floor-where my parents once resided before their death, is a "separate property" and requires... View More
answered on May 6, 2018
You need to ask your question on the Puerto Rico Section of Justia if it exists as you posted the question in NJ.
My Aunt passed in 2016 and her will was filed in the County of Monmouth, NJ. After her death, to my surprise, I learned from my cousin, she bequeathed me a lump sum cash legacy. My cousin, her son, is the executor and only other beneficiary named in will. My cousin has been telling me I had to wait... View More
answered on Apr 5, 2018
1st I would try writing him. If that doesn't work have a lawyer send him a demand letter. Finally last resort you need to file a lawsuit.
answered on Apr 5, 2018
That would depend on how you are doing the transfer. I suggest you call one of us lawyers and setup an in office consultation. If you are looking to do this yourself expect to pay for the advise, if you wish the lawyer to draft any documents for you, some of us offer a free consultation.
Her estate went through probate and the executor confirmed transfer of the condo to my brother. There was no mortgage, but he has paid the HOA dues and property taxes each month since her death. He has not paid inheritance tax or requested a tax waiver from the county in which the property is... View More
answered on Apr 3, 2018
More information is needed to determine what to do, but he needs both a good lawyer and good accountant.
M cousin died in 2017 and owes the IRS money. All of her assets are frozen pending the outcome of the court probate and the sale of her house which doesn't appear to happen too soon. What are my options in dealing with the IRS?
answered on Apr 1, 2018
Sometimes in the life you need to wait. Unfortunately we are not allowed to give specific advise on this site, for that you will need to setup an in office consultation. I suggest you look for a lawyer that primarily deals with IRS issues after the 15th of the month for obvious reasons.
Wife probated house and truck we are listed as heirs to esate what do we do next
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answered on Mar 24, 2018
You will need to retain a VA attorney, since that is where your Dad passed away.
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