QUESTION

How can I get a property transferred from my aunt's late husband's trust to her's? She is the named heir, is it necessary to transfer the property?

Asked on Oct 08th, 2012 on Estate Litigation - New Jersey
More details to this question:
She is required to sign and get notarized the deed and the notary is not comfortable with her compentacy, we have an attorney who is supposedly preparing a petition to have me named as trustee on her late husband's trust, she is currently the trustee and his son is successor and his position is she is entitled to nothing of his late father in spite of an amendment in 2003 naming her and her heirs as benificiarys. I have doubts that our attorney knows what he is doing, he talks a good fight but in over a years time has accomplished little or nothing. What really raises my doubts is he had her file for administration when the only funds she got of his was his annuity as benificiary, as a result Pa. is looking for an estate tax form, I need confirmation this man knows or doesn't know what he is doing so I can either continue or get someone else.
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1 ANSWER

Elder Law Attorney serving Toms River, NJ
Partner at Diana L. Anderson
2 Awards
Its hard to determine whether or not the attorney knows what he is doing, but one thing definitely raises suspicion.  Most people do the kind of trust you are talking about in order to avoid having to probate and get an administrator or executor appointed, for exactly the purpose you mentioned, avoiding the tax.  If you are not happy with the attorney - call around and get a new one.  Have a consultation to see if another attorney might be better able to help you.  One suggestion is to look at the website of the National Academy of Elder Law Attorneys and look for a Certified Elder Law Attorney.  That is a special certification that is recognized by the American Bar Association and indicates people who have specific knowledge in this are of practice. 
Answered on Oct 09th, 2012 at 8:19 AM

Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship

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