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Gary Bruce Garland
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Gary Garland’s Answers

212 total


  • Need advice on probate in NJ

    I just found out that my children were mentioned in their grandfather's will. They were served by the bank that is foreclosing on his home and were mentioned in the document. The foreclosure is still underway. The executrix did not tell us a...

    Gary’s Answer

    Since you weren't notified of the probate I'd say you're far from too late. Your best bet would be to consult with a qualified attorney immediately to protect your interests, and possibly remove the executrix depending upon circumstances.

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  • If a N.J. will is uncontested, passed through probate, does not owe estate tax, contains only cash, when can it be distributed?

    Mother passed away March 2014. One brother of three was chosen as executor. Will not contested, all in harmony. Estate contained about $500,000 in partial real estate interest, stocks and cash. Real estate (her home shared with stepfather...

    Gary’s Answer

    I'd look for another attorney. You can hold back funds in reserve and make partial distributions.

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  • My elderly mother has been living in NJ for many years. Two months she was relocated to nursing home in eastern PA.

    She still owns her home in NJ. I would like to know, does the law view her as a resident of NJ or PA now? I need to know how these laws affect her care and her assets. Also, I am in conflict with my sibling over this matter and I do need clarific...

    Gary’s Answer

    For nj and most states you need 1 day in the state to establish residency. She is presently PA so that is where you'd seek medicaid.

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  • Dad left $2,000,000 to be poured into an inter-vivos trust for 8 grandchildren, with 3 distributions each at set ages. I asked

    trustee to divide it into 8 separate trusts to greatly reduce tax liability. Trustee referred me to lawyer for estate, she didn't reply on this. Is there anything specific that a lawyer could do to get him to make separate trusts? (Also to make it...

    Gary’s Answer

    It should be in separate shares, not trusts. How do you think that will save you taxes?

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  • “If there are no assets or very limited assets in my recently deceased husbands estate and a ton of liabilities, what kind of

    lawyer do I need to ASSIST me in this matter

    Gary’s Answer

    It sounds like you have an insolvent estate. You should speak with a qualified attorney ASAP.

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  • Can I have an executor removed if I am currently in litigation with the executor?

    My brother is the executor of my mother's estate. I am currently the plaintiff in a legal action against him. I do not believe he will do a fair job. Is the fact that we are in a legal dispute grounds to remove him? In the past I had to file ...

    Gary’s Answer

    There are grounds to remove an extortion but mere conflict is not enough. If he violates the statue you then will have grounds. Seek an attorney to help.

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  • Can I sue probate court? who can I report them to? what is the statue of limitations?

    My mom died in 2010, I never received one letter notice or anything. The personal representative knew exactly where to find me. He showed. up with a quit claim deed that he "forced" me to sign transferring my share of her house to him. My mental s...

    Gary’s Answer

    • Selected as best answer

    Some of your facts don't make sense to me. You should consult with a qualified attorney.

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  • I do not know what I am supposed to do as far as my moms estate. She died in 2012.

    my mother died in july 2012. I never contacted a lawyer as I didn't think I needed one. Now my accountant says I need one for the requirements of the sale and distribution of estate assets and any tax returns that may be due. I assumed the act kne...

    Gary’s Answer

    you should consult with a qualified attorney ASAP - there were things you were supposed to do, and things that now have to be done. Don't worry - you're not going to jail! But delays can cost with penalties, etc. - I wouldn't delay further.

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  • Funeral service, monument company and memorial park appear to have breached contract. Do I have options?

    Mom expired in February of last year. Paid for cremation and to have remains laid to rest with my father; and to have her information added to the existing marker. Extended winter weather and ground conditions lead to multiple delays. I visited th...

    Gary’s Answer

    Did you reach out to the park? Can you show payment and a contract? I'd give the park a chance to make things right, otherwise you may need to litigate.

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  • What happens to a payable upon death account if proof cannot be found that it was a POD account?

    It proof cannot be found that a bank account is a payable upon death , does the money in this account become a part of the estate ? Can it then be divided among the siblings , if that is what the will says?

    Gary’s Answer

    It will be a part of e estate and distributed under the will or intestacy, unless it was a joint account with a survivor.

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