Thomas Devlin Begley III’s Answers

Thomas Devlin Begley III

Mount Laurel Estate Planning Attorney.

Contributor Level 13
  1. How to file "order to show cause" in New Jersey Probate/Surrogate Court?

    Answered over 2 years ago.

    1. Thomas Devlin Begley III
    2. Lawrence A Friedman
    3. Joseph Jonathan Brophy
    3 lawyer answers

    If one attorney is out of your price range, consider another. Also, if you father has passed on and his Will has been probated, it is a public record and you can merely go to the Surrogate's office to get a copy. If it hasn't been filed yet, I would hire counsel asap. If you have to, borrow the money from a friend. I know folks want to find an attorney to work for free; however, I can't imagine would in your profession. If the will hasn't been filed, it often means the stepmother didn't...

    4 lawyers agreed with this answer

  2. Our dads estate has been settled. we have still not received payment what can we do?

    Answered over 2 years ago.

    1. Thomas Devlin Begley III
    2. Eric Jerome Gold
    3. James P. Frederick
    3 lawyer answers

    File an action in probate court to compel distribution. If there is no just cause for the delay, the estate or even the executor may have to pay your legal fees.

    4 lawyers agreed with this answer

  3. I own vacation home with father in law, hows prpoety divided upon his death?

    Answered over 2 years ago.

    1. Thomas Devlin Begley III
    2. Lawrence A Friedman
    3. Peter Browne Garvey
    3 lawyer answers

    The manner in which it is divided depends on how it is held. If it is joint tenancy with a right of survivorship, it becomes yours if he dies first, and vice versa. If it is owned as a tenancy in common, it goes to the heirs in his will. I would definitely get a good attorney to handle that issue.

    4 lawyers agreed with this answer

  4. My son is living in my home in NJ. I am presently living. in my nc home. can I still insure my NJ home in my name?

    Answered over 2 years ago.

    1. Steven J. Fromm
    2. Thomas Devlin Begley III
    3. Steven M Zelinger
    3 lawyer answers

    You can insure the home in your name. However, you need to let your insurance company know that the home is not occupied by you. There are different rates and coverages which apply to different situations. Typically, if you were there, you would get coverage and rate for "owner occupied." In the current situation, you can get "non-owner occupied.' As to whether you should transfer the home to your son, it is a question which can only be answered by evaluating a variety of personal and...

    4 lawyers agreed with this answer

  5. Do we need a a lawyer to follow my fathers will if my mother is still alive in n.j.?

    Answered almost 3 years ago.

    1. Thomas Devlin Begley III
    2. Stuart M Nachbar
    3. Brad Michael Micklin
    3 lawyer answers

    There is an old saying that he who represents himself has a fool for a client. Having said that, if the matter is simple, the cost of administering an estate should be nominal and many tasks can be undertaken on your own. I think it always makes sense to have a consultation with a qualified attorney to make sure you are taking the proper steps. Good luck.

    4 lawyers agreed with this answer

  6. As the executrix of my aunts will what rights do I have to get her banking records and her investment records.

    Answered almost 3 years ago.

    1. Yvette E. Taylor-Hachoose
    2. Thomas Devlin Begley III
    3. Jan Matthew Tamanini
    4. Mark T. Coulter
    4 lawyer answers

    I agree with Yvette. I would add that you not only have a right but an obligation to get these records if you feel that there may have been something awry in the handling of your aunt's investments during her lifetime. Good luck.

    4 lawyers agreed with this answer

  7. What does an attorney base his or her fee regarding closing an estate?

    Answered about 3 years ago.

    1. Thomas Devlin Begley III
    2. Sherrille Diane Akin
    3. David L. Carrier
    3 lawyer answers

    There are three primary schools of thought as to setting fees. They can be: (a) hourly, (b) flat fee, or (c) a percentage. Although I may stir the ire of many in the legal community, I believe the percentage is usually unfair and predatory. The advantage of a flat fee can be that there is no doubt about what the overall charge will be. I prefer the hourly rate fo estate administration as it is a reflection of the work which actually performed on behalf of the estate. If an hourly rate is...

    4 lawyers agreed with this answer

  8. Is a will valid after you get married in PA?

    Answered about 3 years ago.

    1. Thomas Devlin Begley III
    2. Jennifer Carroll Johnson
    3. Sherrille Diane Akin
    3 lawyer answers

    The will is valid. However, the wife can assert rights for an inheritance under a variety of theories. The first is known as the elective share which means that a spouse can claim up to one-third of the augmented estate (which includes non-probate and probate assets with certain variables which affect this calculation). The second is the omitted spouse share which is designed to allow for the spouse to receive what she would under the laws of intestacy. If there was a prenuptial agreement,...

    4 lawyers agreed with this answer

  9. When a lifetime gift is made, is there a carry over basis? Does the donee take the donor's cost basis?

    Answered about 3 years ago.

    1. Thomas Devlin Begley III
    2. Wallace Ray Nichols Jr.
    3. Tyler Benjamin Christ
    3 lawyer answers

    When a lifetime gift is made, there is a carry over basis unless the gift is subject to a retained right by the donor to enjoy the property during his or her lifetime. If there is a retained right, there will be a step up in basis as to the property upon death. However, same will be included in the decedent's estate for inheritance and estate tax liability.

    4 lawyers agreed with this answer

  10. If a person dies and hasa relatives name on the bank account as well does she get all the money even though he has a son?

    Answered about 3 years ago.

    1. Santos A Perez
    2. Thomas Devlin Begley III
    3. Michael S. Haber
    3 lawyer answers

    Usually it means that the money goes to the relative. There are two ways in which a relative gets his or her name on the account. One is through a power of attorney. In that case, the relative doesn't get the account as the power of attorney merely gave the right for the money to be managed during lifetime. When a person dies so does the power of attorney. At that point, the money becomes the property of the estate and gets distributed per the terms of the will or the intestacy statute....

    4 lawyers agreed with this answer