Estate Litigation Legal Questions

You need to ask the attorney.  It is not uncommon for an attorney to ask for a POA so that other adminisntrative tasks can be completed, such as applying for the EIN, or closing bank accounts and consolidating the money.  However, you should ask what specific tasks the attorney feels there are that need to be completed and what the purpose of the POA is going to be. ... Read More

Hi, It sounds like you may have a claim against your stepmother. It may be that a portion of the trust became irrevocable at the time of your father's death. I would be able to give you a pretty good idea of where you stand by reviewing the trust that was in effect at the time of his death. Thanks,Jon... Read More

I am very sorry to hear of your losses and now having that compounded by bank policy.  The banks can be quite frustrating at times. It's hard to know exactly what needs to be done but first question is if the assets were actually titled in the name of the trust in the internal bank records. I assume not. Thus the next question is value. If less than $150k, in total, then can do probate code 13100 small estate affidavits. If more than $150k that won't work and need to go to probate court. The most likely, first option to consider, is a probate code 850 "Heggstad" petition. That is where you get a court order that established the accounts are part of the trust due to intent. If that is not successful then a full probate is going to be required. Hire an experienced probate attorney. In particular find someone familiar with Heggstad petitions as that is a way you could save some time and money.  Good luck. -John... Read More

you should look for a Certified Elder Law Attorney that practices in the county in which the estate was probated.  You can also contact the surrogate's office and request information about the estate.  If you have no information in two years, that's too long to wait and you might be able to just get the executor removed yourself and get the surrogate's court involved for you.  If this is in Ocean or Monmouth County call my office and I will try to help you. ... Read More

The answer depends on whether either in-law had a will and what the document(s) provided. If there was no will, then upon the mother-in-law's death, her estate would likely pass by operation of law to her siblings, and if none, then to her nieces/nephews. Gerry Wendrovsky, Esq.- Upper West Side Estate Lawyer www.upperwestsidelawyer.com... Read More

You have valid claims against both the landlord and the offending noisemakers. A construction zone has limits as to the times that work may proceed and the resultant noise; the violation of those limits creates a nuisance. The claim as against the landlord is based upon a statutory 'warranty of habitability'. Unfortunately, the cases are expensive to prosecute, and are becoming more common, with a body of caselaw that has developed in recent years. You should consult with a qualified attorney. Gerry Wendrovsky, Esq.- Upper West Side Lawyer www.upperwestsidelawyer.com... Read More

I am sorry for your loss. What she states is definitely the general rule.  Since she has a child the house would go to that child through the laws of intestate succession.  Likewise, if your dad had outlived his wife we could have done a spousal property petition to get the house into his name and then at his death you would have gotten the home.   -John  ... Read More

You need to get each beneficiary to sign releases and then submit those releases to the surrogate's court in the county in which the matter was admitted to probate.  this is a link to the form you need from Ocean County but I think the forms should be the same or similar in all counties. http://www.co.ocean.nj.us//WebContentFiles//25968bc3-809d-4e51-8673-15ef8c186f8d.pdf... Read More

Your aunts and uncles are all the beneficiaries in your grandmother's estate.  Because she died intestate, or without a will, someone (probably you) will have to be appointed as the administrator of her estate. All of your aunts and uncles will have to sign forms called renunciations indicating they give up the right to take the house.  You will need to file all of that with the court to close out the estate, and then transfer title from your grandmother's estate to yourself.  All of those documents will need to be on file in order for you to be able to have what is called clear title to the property.  This is probably something you will need to hire an attorney to do to make sure that all of the steps are completed. ... Read More

I am sorry for your loss. It's always best to contact the 401k administrator or HR department for the employer first.  It's possible you are named beneficiary in which case the company should send you claim forms. Or it's possible there is no named beneficiary in which case they will likely give you a form to fill out the family tree. Some plans pay to next of kin and some pay to the estate (probate required if over $150k).  Lastly, it's possible someone else is named beneficiary. If you believe that was not correct and due to fraud, undue influence, mistake, etc... then you would want to hire an estate litigation attorney to fight it. Good luck.... Read More

Yes. There is case law on point and there is a good chance you have a valid claim to the insurance proceeds. I just recently successfully concluded a case with the exact same issue for a client. You should definitely contact an estate litigation attorney ASAP and file a claim notice with the insurance company before they release to money to your husbands ex-wife. Time is critical. Of you would like my assistance, contact me at bill@askinlaw.com or 973-534-5341. ... Read More

To clarify, you are seeking to get your neighbor to remove a fence that they built on an easement, presumably to block your access? If this is correct, I would start with a demand letter asking them to remove it and if they didn't comply I would file a lawsuit to compel them to do so. Thanks,Jon... Read More

The grandson does have some rights because he would be an heir if his parents predeceased him. Our firm recently litigated a case very similar to the facts that you described. In that case the grandson alleged elder abuse and sought to disinherit his father. The case ultimately resulted in a settlement that gave the grandson a substantial portion of his grandmother's estate.  In this instance there may also be an argument that at the very least the grandson has the right to recover the reasonable value of the improvements to his grandfather's house. Thanks, Jon... Read More

Yes - you will still need to have the waiver to prove that no taxes are due, or that the taxes are paid in order to pass clear title at the sale.  The title company will point this out and require the waiver sicen someone will be signing mom's name using the letter testamentary or letter of administration.  Everything is included in the estate, even those items passing directly to a beneficiary.... Read More

Although you did not say, can I assume that your fiance died?  If tat is the case, this is occurring because you were not married.  therefore, you were not related to him at the time of death and will owe inheritance tax on the portion of the house that you inherit from him.  Inheritance tax is based on the relationship of the decedent and the beneficiary and it will be about 15-16% depending on the amount of tax due.  If you can prove your contribution, then that may reduce the amount of the inheritance and therefore reduce the amount of the tax.... Read More

Wait and see what value they get for the car.   They will sell the car and usually will not try to get back the difference because the cost of doing that is usually more than what they will get back. If they do try to get the cost back, they will try to put a lien against the estate, which will not just affect the credit rating but could affect distribution of assets if there is anything in the estate to distribute.  But fist you have to wait to see if there is any notice of deficiency between the cost of the lease and the value obtained at sale.... Read More

I'm sure there will be inheritance tax due based on your relationship to the decedent, your uncle.  You are in the class of beneficiaries that will be taxed.  You will have to pay based on the value of the entire estate.  The will may say that the estate is responsible for the taxes, so you will have to check.  You also do not have the be a partner with your brother.  You can either force the sale. Of the property or a buy out for yourself.  ... Read More

First of all he may have had a will but if second wife decided to make said will disappear it is likely GONE.  Sad reality.  Sure you can try to track down the drafting attorney  but good luck. I would look at the real estate records to see if the properties show a living trust, if in joint tenancy with #2 or if just in his name.  If just in his name could file a probate to try to force the action. If the property is "separate" property then kids should get 2/3 and wife 1/3 if no will. So, my point is, there are options. I encourage you to hire a probate attorney asap.... Read More

If a new outstanding bill of the estate is owed, then all of the beneficiaries are responsible for their proportionate share.  what would make more sense is to issue a new Release and Refunding bond for the previous distribution amount less the amount of the bill you need to pay. ... Read More

It sounds like you should hire an attorney to investigate the situation. It might be fine but having the situation looked into would be wise. If she is stealing you want to put a stop to that sooner rather than later. Once the money is gone it can be very hard, if not impossible, to get back!... Read More