Brad Michael Micklin’s Answers

Brad Michael Micklin

Nutley Divorce / Separation Lawyer.

Contributor Level 14
  1. Executor of my mother's estate will not return my phone calls or emails.

    Answered over 2 years ago.

    1. Brad Michael Micklin
    2. Gary Bruce Garland
    3. Steven J. Fromm
    4. Joseph Franklin Pippen Jr.
    4 lawyer answers

    You should first call the court and find out if there's an attorney representing the estate. If there is an attorney, you should contact that attorney and request that information. The attorney for the estate is more likely to be reasonable and accommodating when providing the necessary information that you seek. If you continue to be unable to obtain this information, you should file an order to show cause with the surrogates court requesting either the information that you seek and/or the...

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  2. How does an executor start the process of probating a will; must I consult a lawyer?

    Answered over 2 years ago.

    1. Brad Michael Micklin
    2. Gary Bruce Garland
    3. Peter Browne Garvey
    4. James P. Frederick
    4 lawyer answers

    You or an attorney can start the probate process by filing the necessary papers with the Surrogate in the court in the county in which your father resided when he passes. I would, however, recommend that you, at least, consult with an attorney to learn about the process, the potential tax consequences, if any, to the estate and to seek guidance on properly administering his estate. If you want to speak with an experienced attorney who is familiar with these areas of law, call us at 973-...

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  3. In New Jersey Divorce Case, How do you define Premarital Property .? In My case My wife neither had any property before our

    Answered almost 3 years ago.

    1. Brad Michael Micklin
    2. Stuart M Nachbar
    3. Robert Ricci
    4. Ronald Glenn Lieberman
    4 lawyer answers

    I would argue that any checks received by your wife during your marriage are marital assets even if they are held solely in her name. Any asset acquired during the marriage is a marital asset whether or not it is joint names. Additionally, even if the court should rule that it is not a marital asset, see whether or not there was any interest earned on the money, which, also, could be a marital asset.

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  4. Questions regarding attorney drafting will for client?

    Answered over 2 years ago.

    1. Alan James Brinkmeier
    2. Jayson Lutzky
    3. Steven J. Fromm
    4. Brad Michael Micklin
    5. Martin L Bearg
    6. ···
    6 lawyer answers

    What makes those assets "non-probate" assets is that they have a named beneficiary. So, once the company is notified of the decedent's passing, the distribution is automatic, whether or not there is a will or probate is initiated. If your concern is the executor will not know to notify the companies in the first place, I always recommend my clients keep copies of the accounts and/or their statements along with their will in a safe location and to notify his/her chosen executor of their...

    6 lawyers agreed with this answer

  5. If a person does not comprehend, is their signature acceptable on a will?

    Answered over 2 years ago.

    1. Brad Michael Micklin
    2. Richard Albert Luthmann
    3. James P. Frederick
    3 lawyer answers

    The will may be invalid. However, you will need to file a will contest seeking to have the will set-aside. Her lack of competency and the unnatural disposition, disinheriting one of her children, may be sufficient to meet that burden of proof. You need to file within six months of her passing. If you like to speak to an experienced attorney, contact my office at 973-562-0100 Brad Micklin, Esq. The Micklin Law Group 187 Washington Ave. Nutley, New Jersey Brad@Micklinlawgroup.com...

    6 lawyers agreed with this answer

  6. Ex-wife wants to convert permanent alimony payments into a lump sum payment. Is this allowed in NJ and what are the risks?

    Answered almost 3 years ago.

    1. Brad Michael Micklin
    2. Laura Ruvolo Lipp
    3. Ronald Glenn Lieberman
    4. Mark Nickolas Longwell
    5. Bari Zell Weinberger
    5 lawyer answers

    There are many things you need to think about. Most of the issues that will arise from this change of your agreement will depend on how your case was resolved. Some cases end by a trial decision but most end with a settlement agreement between the parties. If you to enter a settlement agreement, you'll probably be able to modify the agreement by a writing signed by both of you. However, there are many issues that may arise from this change. First, your alimony agreement had tax consequences...

    6 lawyers agreed with this answer

  7. New Jersey: Does an estate have to liquidate property? How long can the estate go on w/o being settled?

    Answered about 1 year ago.

    1. Brad Michael Micklin
    2. Gary Bruce Garland
    3. Lawrence A Friedman
    4. Gary Roger Waitzman
    4 lawyer answers

    There is no hard and fast rule about what must be done about property and how fast. It may depend on the terms of the will. However, it must done within a reasonable amount of time. You have many issues that should be addressed immediately. Who is collecting the rent? Who is paying the bills? and What will happen to the property. I recommend you speak to your brother and, if that is not successful, you file an application to have him removed as executor for failing to fulfill his...

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  8. What is process for New Jersey guardianship to act on my mother's behalf following her stroke.

    Answered over 1 year ago.

    1. Brad Michael Micklin
    2. James P Brady
    3. Lawrence A Friedman
    4. Robert Joseph Jeney II
    4 lawyer answers

    Yes, since you do not have a power of attorney, so that you do not encounter any issues moving forward handling her financial and medical affairs, you must apply to the court for a declaration of incapacity and for letters of guardianship. This is done by first filing a verified complaint and order to show cause in the county in which the alleged incapacitated individual resides. The moving papers must include affidavits from 2 different physicians who have examined the alleged incapacitated...

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  9. How long will my fiancé be sitting in jail for 1050$ owed for child support?

    Answered almost 3 years ago.

    1. Brad Michael Micklin
    2. David Perry Davis
    3. Jeffrey Anthony Skiendziul
    4. Ronald Glenn Lieberman
    4 lawyer answers

    Technically, a person to remain in jail for up to 48 hours before being brought before a judge. However, your question may have more to do with the child support payment issue. If so, courts will usually require the paying parent to appear before the judge, pay at least 10% of the outstanding arrears, update his income and employment information and promise an ongoing payment towards the balance of arrears to be added on top of the child support payment already do. Upon this agreement, he...

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  10. My divorce decree outlines alimony, distribution of assets, etc... The decree is currently under appeal. Based on the appeal,

    Answered over 1 year ago.

    1. Brad Michael Micklin
    2. Robert Ricci
    3. David Raymond Mahood
    3 lawyer answers

    Unless there is a stay of the judgment pending the appeal, then technically the parties may act in accordance with the terms of the final judgment. However, there should be a stay in place, at least with respect to equitable distribution provisions, so that assets are preserved. Generally, the party seeking the appeal should file a motion for a stay in the lower courts prior to filing a notice of appeal. So, if your husband is the one that filed the appeal, you should find out if he filed a...

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    1 person marked this answer as helpful

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