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.... Read more »
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.
When a Will is created, is it filed anywhere so heirs can get a copy? There is a prior Will that her son took her to have drawn up, which he likely still has a copy of. Then her son took all of her life savings, putting her in financial ruin. So, she changed her Will after that with a different... Read more »
A will is necessary for probate in order for an individual named as executor to qualify. Other wise the decedent is considered to have passed intestate. The Court will appoint an administrator. A bond, in an amount set by the Surrogate must be obtained. The Estate is then distributed in the manner...Read more »
Family is searching for the latest Will. Nobody remembers the attorney's name to try to find her to get a copy of the Will. Can the lender call the loan due and/or foreclose on the house before the estate goes through probate? Can anyone else who lived in the house taking care of my... Read more »
My best response is that you have raised many important issues that require extensive responses which are beyond the scope of the platform. The best thing to do is retain the services of an attorney who is familiar both with real estate law and probate law.
When they married her 2 children were grown and out of the house. They never lived with my father 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. We... Read more »
If Obtained can I file the compliant/order myself? Surrogate court does not provide the forms! A court clerk informed me that the forms are not available online. I still searched for hours to no avail. I don't qualify for low income legal assistance and can't afford $5,000+ to pay a... Read more »
Although you have an absolute right to represent yourself in the Courts of NJ, my best advice is that you speak to an attorney, From reading between the lines of your question, I sense that the issues involved are sufficiently complex and, thus, require guidance in the complexity of probate...Read more »
So, 50 interrogatories can be high or low based on the case and what is being asked and why. Have one case where over 60 medical subpoenas are going out based on things that happened and multi years of multiple doctors. The interrogatories varied from...Read more »
My father passed away and there was a prenup and his wife got nothing, it’s been almost 1 year since his passing and 7 months since the will was probated and I was made executor, she keeps asking me for things and if I don’t agree she threatens with these elective shares, is there a time limit... Read more »
No one can answer any questions about the "elective" shares, without reviewing them. If you were previously represented by counsel, then you need to contact that attorney. If not, you are going to need to retain counsel to resolve this matter. During this pandemic, you have a choice of...Read more »
Tricky question. The key phrase if you dig into the law is "taken in by the executor." A non-probate asset may end up in the executor's hands. So a non-probate asset designated in a poor way may have to be probated. (Example: 401k beneficiary names a dead sibling. No secondary...Read more »
Trying to help mom through these last few steps. The bank has made her husband's bank non-joint account an Estate of [his name] account. We have read that, if the decedent did not have valuable property over $20,000, surviving family members can take advantage of New Jersey’s simplified... Read more »
Your mom would need to file the correct forms with the probate court in the county where she resides. If her husband had a will and the will named her the executor of the will, she would need to fill out the probate forms with the original will and submit it to the probate court where she resides....Read more »
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