New Jersey Trusts Legal Questions

You have to find the person that is making decisions for your friend, and find out if they have a Power of Attorney for him.  Is his daughter helping him with decisions?  Do you know if he is mentally competent?  If he is, try to reach him directly and ask to have the title signed.  If he is not, or if you can't find him, you might be able to get a court order to allow you to sign the documents.  If you are going to try that, you would have to prove that you tried everything you can think of to find him.  send letters to his last known address by certified mail so you can either get the return receipt or get the letter back without it being claimed.  Do searches for him on the internet.  If you have his old cell phone number, call it to try and find him.  You will have to present all of that work to the court, and ask a judge to give you an order allowing your signature to serve for both signatures on the loan.  Good luck.... Read More

You have it exactly right !  A will becomes public after you die because it has to be registered or probated. It is the registration or probate process that gives your executor the authority to act on behalf of the estate.  The will does not have to list your assets, but it will list your heirs.  The will can say something simple like I leave my entire estate to Mary Jones and John Jones in equal shares, share and share alike.  That way no one knows what assets you have, but they would know that Mary and John are your heirs.  If you dispose of your estate by way of a trust, the trust does not have to be registered and therefore can remain private.  I would be happy to answer any other questions you may have regarding your estate plan.... Read More

If you father created a trust in 2000 and the trust gave you the homes, then he would have needed to put the homes in the name of the trust.  If he did not do that, but instead, left the homes in his own name and then did a new will, then the homes are part of his estate, and pass through the will.  The question is - did your father chage the deed on the homes when the trust was made?  If he did not, then the will governs the distribution, not the trust.  If he did, an the homes are in the naem of the trust, then you should receive the homes. ... Read More

As long as the Will is “self-proving” meaning that when it was signed and witnessed it was notarized as well, the witnesses will not be needed to appear at the Surrogate’s Court at the time of probate. Nevertheless, it’s usually recommended that when a person moves to another state, his will be reviewed by a local attorney. In light of changes in one’s family dynamics, marriage, divorce, births, adoptions, disabilities and constant changes in State and Federal estate tax laws, we generally recommend every estate plan be reviewed every 3 to 5 years anyway. Lastly, most attorneys will perform a review as a professional courtesy.... Read More

When someone dies, their estate consists of all of their assets.  The assets get divided into two "piles".  The first is the assets that are governed by the will, and those assets are called probate assets.  These assets includes assets that are in the decedent's name alone, and have no beneficiaries, or joint owners.  The second pile consists of assets that pass by "operation of law".  this includes anything with a beneficiary named, or something that has a joint owner to whom the asset passes by right of survivorship.  If the decedent had a CD that was in joint names, or listed someone as POD (payable on death) then those assets are not governed by the will. ... Read More

There are several aspects of estate tax and law that are changing in January 2013, not the least of which is the estate tax and the gift tax.  Tax free gifts of up to $5 million dollars can be made now, in 2012, but chances are that is going to disappear in 2013.  A QPRT is generally used to help people keep a home, and possibly still obtain Medicaid.  If your parents own properties in another country, then they could use the trust to transfer ownership after they die, without needing to go through the probate process in another country.  As for the shore home,  did it sustain damage in the recent hurricane?  You might be eligible for property tax relief, but you will have to apply for it.  the secondary residence can also be placed into trust to pass to heirs without going through the estate.  Feel free to contact my office for a free consultation. ... Read More

The trust document will tell you how to resign. Usually, the trustee who wishes to resign is required to submit something in writing, and if there is a successor trustee named in the trust, to notify the successor trust.  If you have Letters of Trusteeship issued by the County Surrogate's Office, they might require those to be turned over so that new Letters can bee issued to the successor trustee. ... Read More

You are absolutely NOT out of luck !  This is a case of undue influence if I ever saw one !  You need to file a challenge to the will and seek to have the executor removed.  There are two elements to a case of undue influence:  was the person in a "confidential relationship" with the testator (the person writing the will); and are there suspicious circumstances.  You have both.  If your step-mother was deaf and blind, and dependent on her care givers, the care givers were in a confidential relationship with her.  Not notifying you of her death is a very suspicious thing to have occurred as is the connection between the attorney and the neighbor.  This is a case where your fees could be paid from the estate. you do not need to come to the State of new Jersey to pursue this claim, but you should, because it sounds like your step-mother was taken advantage of by her care givers. ... Read More

You have the right instinct to be cautious.  The renunciation is not to give up your inheritance under the will, but to give up your right to serve as the Administrator of the estate.  Because your uncle did not do new will after your aunt and uncle were divorced, she is named as executor as his wife, and therefore not eligible.  Most likely the will did not name a back up if she was ineligible, so right now no one is able to serve.  She is sending you this paperwork because as a beneficiary you have a right to serve as the administrator of the estate, and she must get your consent that you are giving up this right and agreeing to allow her to serve.  Administrator CTA means administrator appointed by the court.  If there was some one named in the will, they would be the Executor.  I'm not sure why she would want to serve as administrator, but its probably not a good idea since they were divorced. As the administrator, you can be paid a commission for the work hat is done, and your attorney's fees would be paid from the estate. If you want to be the Administrator, you can refuse to sign, and apply to the court to serve as Administrator, or one of the other beneficiaries can apply.  You absolutely have control over this and I would be happy to help you.  Feel free to contact my office.  ... Read More

You need to check the terms of the trust and the policy.  These types of trusts are done for estate tax purposes.  The trust is usually the owner, and sometimes also the beneficiary, and then the proceeds of the policy goes into the trust upon your death.  I would have to review the terms of the trust to determine who the beneficiary on your specific policy should be.  You can also check with the insurance person that sold you the policy. ... Read More

Why would you want an attorney working for you that does not want to work for you??  Let the attorney withdraw, there are PLENTY of attorneys out there that will take the case.  Chances are the probate matter can be concluded easily.  If you have paid a retainer, you are entitled to an accounting of that money and a return of the unused balance.    Good luck. ... Read More

There are really not enough facts to completely answer this question.  There should be some language in the trust that will indicate when, or under what conditions the property can be distributed.  if those conditions are met, the property could be distributed, but then the beneficiary might have to take the property with the lien of the mortgage, and then be responsible for paying it.  ... Read More

It sounds like you have enough information to bring a claim for undue influence.  Its a two part claim:  first you have to prove that the person had a "confidential relationship" with the decedent, and second that there were suspicious circumstances.  Locking everyone out of the house is certainly suspicious, and so is waiting until after he was buried to notify you of his death.  If there are enough facts in dispute, the court will allow attorneys fees to be granted from the estate for all attorneys involved.  Are you represented in the case?  If you are not, you should retain an attorney to bring the claims to the court's attention.  ... Read More

you can make an application to the court to be appointed at the administrator of your grandmother's estate.  If you aunt has not probated the will then no one was appointed.  Check with the surrogates office in the county in which your grandmother lived.  See if they have anything about the estate on file.  If they do not, you can file an application to the court to administer the estate indicating your  aunt failure to do so.  ... Read More

You will not be liable for the investments that lost money - everyone's investments lost money these last few years !  You said the Power of Attorney was "done when she turned 18".  I'm not sure what you meant by that, but once your daughter turned 18, she is legally an adult, even if she cannot make decisions for herself.  now that she is 21 you should pursue a guardianship for her.so that you can continue to be her decision makers.   Its not that the trust or the Power of Attorney supersede each other as much as it is they address different things.  The Power of Attorney allows you to make decisions, and the Special Needs Trusts allows you to keep money for her needs, and still qualify for resource based benefits like Medicaid.  Is your daughter registered with DDD?  If she is, you can ask for a guardian through DDD however, it is my nunderstanding that it takes several years.  You can also privately hire an attorney to do the guardianship for you.  PLease call my office if you would like more specific information. ... Read More

You can file an action in the Probate Court indicating that your uncle is not doing a proper estate administration, seek to have him removed, make him file an accounting of the estate, and make a distribution to the beneficiaries.  As the executor of your mom's estate, you have a right to do so on behalf of the estate, and on your own behalf as an owner of the house. ... Read More