Neel G Shah’s Answers

Neel G Shah

Monroe Township Estate Planning Attorney.

Contributor Level 8
  1. Is there something I can do to avoid NJ estate tax

    Answered 7 months ago.

    1. Gary Bruce Garland
    2. Neel G Shah
    3. Jerry E Shiles
    3 lawyer answers

    You should absolutely consult with counsel. There maybe some options to reduce the estate tax liability, but it is very fact specific and time may be of the essence. Your actions or omissions may result in your inability to take advantage of certain planning strategies. Best of luck to you.

    2 lawyers agreed with this answer

  2. Does executor have to provide notice of probate in New Jersey?

    Answered 6 months ago.

    1. Neel G Shah
    2. Gregg A Garofalo
    2 lawyer answers

    The general will is "yes," the executor must provide notice to next of kin. If the lack of notice was intentional/willful/negligent/etc. you may be able to remove an executor. Consult an attorney immediately.

    1 lawyer agreed with this answer

  3. Can I file for eviction on behalf of someone else as Administrator of a Trust & Durable Power of Attorney over the Beneficiary?

    Answered 7 months ago.

    1. Neel G Shah
    2. Peter Joseph Lamont
    3. Delaney Austin Keefe
    3 lawyer answers

    I agree with Jeff attorneys opinions that you should hire counsel. It seems you may have a couple of issues confused. If the property is owned by a trust, the trustee of the trust may be able to file for eviction. However, many counties will require that an attorney be retained when the property is owned by a corporation or some other entity. Taken liberally, this could mean that a property owned by a trust may also require an attorney. If the property is owned by the trust, your power of...

    1 lawyer agreed with this answer

  4. If both me and my sister are co-trustees of a trust or tort fund, can either of us take out funds without involving the other?

    Answered 7 months ago.

    1. Ruth Elaine McMahon
    2. Neel G Shah
    2 lawyer answers

    One of the benefits of Trusts is that it allows the Trustor/Settlor to develop his/her own set of rules (subject to legal requirements and restrictions.) Some trusts allow trustees to work independently of one another, others impose requirements that the trustees agree. You'll have to look to the terms of the trust & the governing law of that particular kind of trust, as well as the law governing such funds (the assets of the trust.) One without substantial experience doing so may be better...

  5. Here again....sorry, but in nj my dad passed he was married to my mom, they had 2 daughters, myself being one. he died wo will

    Answered 7 months ago.

    1. Neel G Shah
    1 lawyer answer

    You absolutely need to seek counsel from an attorney. Although there are statute of limitations concerns, in cases of fraud this may be overcome. Children from previous marriages do have rights under intestacy. Also, the timing of the will and the circumstances (i.e. did he have competency to sign the will) may also come into play. Bottom line: Consult an attorney sooner rather than later. Best of luck to you!

  6. Misappropriation/embezzlement by the executor...

    Answered 7 months ago.

    1. Steven M Zelinger
    2. Neel G Shah
    3. Jeffrey W. Hightower Jr.
    3 lawyer answers

    Although I do not think it would rise to level of a criminal offense, I do suggest that he hire attorney for consultation at a minimum to learn the facts of the case to see if there's something that can be done to protect both him and the estate from future liability and to do some damage control. Even if there is no criminal liability, they're still the possibility of some tort liability. However, if spotted early enough and measures are available, there may be a way to rectify the situation....

  7. Can one sibling take over power of attorney for a parent and not tell the other?

    Answered about 3 years ago.

    1. Steven M Zelinger
    2. Neel G Shah
    2 lawyer answers

    Disclaimer: Please note that I am simply providing general information. I am not your attorney until we have both executed a formal retainer agreement and/or engagement agreement. It may be worthwhile to look into your mother's condition when the power of attorney was executed. If she was suffering from Alzheimer's at the time, there maybe an issue as to whether or not she had the capacity to execute the power of attorney.

  8. My father passed away in 1994 my mother needs to change the deed to the house to her name because there is property in s.c.that

    Answered about 3 years ago.

    1. Neel G Shah
    2. Kathleen Mary Toombs
    2 lawyer answers

    If your father passed away as a resident of South Carolina, but the property which you wish to convey is located in Brooklyn, New York, your mother may need to start an ancillary probate matter in New York in order to convey title. However, depending on how title was held this may not be required. It is in your best interest to consult with an attorney to determine whether or not he title transfer is required and, if so, how best to accomplish the same.

  9. I signed a notirized agreement on money borrowed from my aunt. i cannot pay beack on date we agreed can she sue me??

    Answered almost 4 years ago.

    1. William C. Mack
    2. Neel G Shah
    2 lawyer answers

    If what you signed was a "Promissory Note" or something intended to create a legal obligation for you to pay, then the answer is probably yes, she can take you to court by suing you. Of course, the process does not usually end there. The court can only offer your Aunt a Judgment, which is a legal document entitling her to get money from you. She will then likely need to take additional steps to actually obtain money from you (to "Collect on that Judgment.") You should probably seek the...

  10. Bypass Daughter in Law in Revocable Trust

    Answered about 3 years ago.

    1. Gregory Herman-Giddens
    2. Neel G Shah
    3. Eliz C A Johnson
    3 lawyer answers

    I am sorry to hear of the predicament. Yes, there are absolutely ways to achieve your goals. You will need to consult with an attorney to discuss the terms of your existing trusts and whether or not the achieve these goals. Among the topics you should be discussing with your attorney are: dynasty trusts (whereby wealth is kept in the family for a longer period of time), bloodline trusts (similar concept, avoidance inheritances from going to beneficiaries who are not in your lineage),...

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