Jill T Ojserkis's Answers

Do i need a lawyer to sue my brother cause he didn't execute my dads will properly and is avoiding me

You should obtain a copy of your father's Will and speak with an attorney as soon as possible. Sometimes there are time limits on filing claims - so the sooner the better. This is a matter where legal advice would be helpful.

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My auntie died.2 sisters remain,its going to probate. the executor will not show us the will.

I agree with the prior response. You may wish to contact the Probate Court in the county in which your aunt lived. You can see if your aunt had a Will that was admitted to probate. If so, you can request a copy of the Will. Depending upon how the Will reads, if there is one probated, can help you determine if you wish to take action against your aunt's estate. You should consider retaining an experienced probate attorney to assist you in assessing this matter. Good luck.

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NJ LLC with 2 Members wants to flip flop their percentage of ownership 7 years after the original formation of the entity.

I agree with the previous commentator. A change in interests can be done by agreement or assignment. It should be memorialized in writing. The Operating Agreement (if any) of the entity should also be reviewed to see if there are any prohibitions on transfer or rights of first refusal for others. The members should also consult their accountant(s) to determine the tax consequences, if any.

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Property tax appeal: use tax or real estate atty?

I agree with the previous posters. A real property tax appeals lawyer can be of either specialty. You might want to speak with your Tax Assessor's office, local realtors and your neighbors for an idea of which attorneys routinely handle these matters in your municipality.

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Executor's Deed -- New Jersey Executor is also Grantee of Decedent's Estate. What amount of consideration is written in deed?

The previous responder's answer is correct. To the extent possible, you should also ensure that the "recitals" portion of the deed is reflective of the chain of title and contains the date of death, date of the Will, date of probate, etc.

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What kind of lawyer would i need if im opening up a small one man band nanny agency?

I agree with the previous poster. You should first seek the services of a qualified accountant who can help you decide the type of entity to create (sole proprietorship, corporation, LLC, etc.) and assist you with payroll issues, etc. Before creating this entity, you should seek a business lawyer. S/he will assist you in setting up the agency with your accountant's advice and in determining if any NJ licensing is required. S/he may also assist you with creating nanny contracts and due...

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Resell retail goods

I agree with the previous responder. Please also note that the NJ Department of Taxation website contains some helpful infomration: http://www.state.nj.us/treasury/taxation/su.shtml

Is a handwritten codicil drawn up by a different perrson and winessed by relatives valid?

The previous commentator is correct. So long as a Codicil is signed, properly witnessed and meets other legal formalities, it can be admitted to probate. NJ does not prohibit relatives or even beneficiaries from being witnesses to Wills. However, a Codicil or any document including a Will can be subject to challenge for undue influence, competency, etc. Further, if you wish to protest the admission of a Will or Codicil for a valid reason, you will need to file a caveat with the Surrogate's...

What happens when an admnistrator dies while some of the estates assets are unresolved? Is the adminstrtor's trustee now admin?

Generally speaking, if an administrator of an estate dies, the person's closest to the decedent by relationship have the prior right to serve. You do not serve by virtue of being a fiduciary of your mother's estate. Your mother's estate may be entitled to some or all of the statutory administrator's fee depending upon how much of the administration was complete at the time of her death. You should consult an attorney.

Can a daughter who has POA on behalf of her father act as his agent in his mother's estate if he's the administrator

I agree with the previous commentators. An Administrator cannot assign his duties to another person by use of a POA, in New Jersey.