Pierson W. Backes’s Answers

Pierson W. Backes

Pennington Lawsuit / Dispute Attorney.

Contributor Level 8
  1. My 12 yr. old childs paternal grandfather died recently. How can I find out what he left her in his will?

    Answered 11 months ago.

    1. Pierson W. Backes
    2. Steven M Zelinger
    3. Kevin Matthew Sayed
    3 lawyer answers

    I'm not going to address the issues relating to your daughter's age and parenting rights, but limit my answer to the question about probate generally. If there was a Will and the estate is properly administered, your daughter will receive notice from the executor called "Notice of Probate." At that time, she would be entitled to a copy of the Will. If you're concerned that your daughter's father may hide the Will or otherwise act improperly, you will probably need to hire a lawyer. Best...

    11 lawyers agreed with this answer

  2. Can I decline an inheritance and give it to my wife instead?

    Answered over 1 year ago.

    1. Pierson W. Backes
    2. Steven M Zelinger
    3. Joseph Michael Pankowski Jr
    4. Nicholas Anthony Giuditta III
    4 lawyer answers

    I agree with my colleague. It might be clarifying to think of it this way: if you disclaim (that is, refuse) your inheritance, the law treats the estate as though you had predeceased your mother. If your are able to talk candidly with your mother about her Will, she could make provision to allow you to disclaim and have your wife take in your place. I'll also mention that, if the purpose of your disclaimer is to preserve government benefits or to avoid debts owed by you but not your wife,...

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  3. For a deoposition that is scheduled for one day only and the attorney last minute wants to change it to two days.

    Answered over 1 year ago.

    1. Pierson W. Backes
    2. Constantine D. Buzunis
    3. Elizabeth Tandy Foster
    4. A Richard Ross
    5. Robert Bruce Kopelson
    5 lawyer answers

    As to the first question, Mr. Buzunis is quite right of course. I'd add that it's not my practice to tender a subpoena or notice for deposition that sets the exact amount time required. Normally there will be language like "Beginning February 1, 2013 and continuing day to day thereafter." This is subject to the same limitations described by my colleague, of course. As to the number of attorneys appearing for the plaintiff at a deposition, I have always taken the position that, as with...

    8 lawyers agreed with this answer

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  4. I was a beneficiary on a will 3 months ago. I think it has been changed in the last month. She died. I need a lawyer I think.

    Answered 10 months ago.

    1. Pierson W. Backes
    2. Thomas J. Wagner
    3. Michael Ian Werner
    4. Lawrence R. Scheetz Jr.
    5. Jacques H. Geisenberger Jr.
    6. ···
    7 lawyer answers

    It is very difficult to gauge how far your case may be worth pursuing without gathering additional facts, some of which may not be known to you. I would recommend that you make at least some inquiry, with the assistance of a lawyer, before abandoning the matter.

    8 lawyers agreed with this answer

  5. Is there a legal way to dispose of a house without bringing it into the Estate ?

    Answered over 1 year ago.

    1. Pierson W. Backes
    2. Yvette E. Taylor-Hachoose
    3. Margaret Judge Amoroso
    4. James P. Frederick
    5. Joseph Franklin Pippen Jr.
    5 lawyer answers

    As my colleagues indicate, there is more information needed before the question can be addressed thoughtfully. To my mind, the first question is whether Daughter had any substantial assets apart from her potential interest in the house she was living in. If she did not, and the only question is how to dispose of the no-value house, you may be able to simply do nothing. If there are substantial assets in either Daughter's estate (or in mother or father's estate for that matter), it is worth...

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  6. EIN needed? After Dad died, the assets in my parent's living trust are to be divided btwn a marital (survivor) and family trust.

    Answered over 1 year ago.

    1. Pierson W. Backes
    2. Mark David Brynteson
    3. Joseph M. Masiuk
    4. Joseph Michael Pankowski Jr
    5. Dennis Michael Phillips
    5 lawyer answers

    Good morning. It's a very sophisticated question and I'm not sure how much useful information anyone will be able to provide without knowing more. I would want to review the documents, otherwise I'd really fell like I was just guessing. I wish you luck.

    6 lawyers agreed with this answer

  7. Are changes to beneficiares acceptable if they are filed 5 days prior to death?

    Answered over 1 year ago.

    1. Pierson W. Backes
    2. Lawrence A Friedman
    3. James P. Frederick
    4. Nicholas Anthony Giuditta III
    4 lawyer answers

    While sometimes I'll recommend seeing an attorney without being completely sure one is necessary, I'm certain in your case that you need to speak with a probate litigator right away. The facts are more than a little suspicious. Some tricky areas of law, including mental capacity, undue influence, and inter vivos gifting, are all at play in the facts you describe. If the annuity had any meaningful value, you really owe it to yourself to pursue the matter with a lawyer. Best of luck.

    6 lawyers agreed with this answer

  8. How long does it usually take an estate lawyer(serving as executor) to mail out Mailing Probate Notices to heirs?

    Answered over 1 year ago.

    1. Pierson W. Backes
    2. Lawrence A Friedman
    3. Amy S Mac Isaac
    3 lawyer answers

    A notice of probate must be mailed to all beneficiaries and next of kin within 60 days of probate. Hope this helps.

    6 lawyers agreed with this answer

  9. What are the steps/process list of probating a will and at what point does the heirs of the will get notified?

    Answered over 1 year ago.

    1. Pierson W. Backes
    2. Brad Michael Micklin
    3. Joseph Franklin Pippen Jr.
    3 lawyer answers

    If you are not represented by a lawyer, you will typically begin probate by going to the Surrogate's Office of the county in which the decedent lived. In Essex County, the Surrogate's Office can be reached at 973-621-4900 . The beneficiaries in the Will should be sent a document called a "Notice of Probate" and offered or provided with a copy of the Will.

    5 lawyers agreed with this answer

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  10. When you renounce your rights to administer an estate and the attorney becomes a joint administrator with a family member, does

    Answered over 1 year ago.

    1. Pierson W. Backes
    2. Lawrence A Friedman
    3. Steven M Zelinger
    3 lawyer answers

    It is unusual to have joint administrators of an intestate estate, though as you know it is permissible. It's especially unusual for the attorney retained as counsel with respect to the estate to then serve as joint administrator. I wonder if there are some unique circumstances behind what you're describing. In any event, a joint administrator cannot act alone; both administrators must participate in every action. (By contrast, co-executors may be able to act more independently, if the...

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