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Neel G Shah

Neel Shah’s Answers

15 total


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

    My father's will was filed for probate in September of 2013 but my sister, the executor, never mailed my brothers and I notice of probate, and she is stonewalling on providing copies of the will and moving along in a timely manner. Is this grounds...

    Neel’s Answer

    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.

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  • 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?

    There are 2 funds set up for my brain injured handicapped brother. A family trust fund and tort fund, which were established many years ago after my brother's bad accident. My father just passed away. He and my sister were set up as co-guardians a...

    Neel’s Answer

    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 consulting with an attorney. Best of luck to you.

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  • 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

    My mother had 2 children from previous marriage, Supposedly there was no will, so she never probated my dads estate, just assume d it all goes to her. 3 to 4 yrs later she passes and conviently a will of my dads pops up when I attempted to probate...

    Neel’s 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!

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  • Misappropriation/embezzlement by the executor...

    My father was the executor of the estate for my grandparents. There were trust funds set up for him and his brother. After the passing of his parents he had the appropriate paperwork sent to his brother to transfer his trust fund to him. His broth...

    Neel’s Answer

    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. Wish you and your family the best of luck.

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  • Is there something I can do to avoid NJ estate tax

    My mother is 95 and is just inheriting some mineral rights from her cousin. The mineral rights are worth enough to cause her estate to pay significant estate tax. She has not received the deed yet to the mineral rights in Texas but should in the n...

    Neel’s Answer

    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.

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

    I filed to evict a tenant that has not paid rent in over a year, won a default judgement and WOR. The tenant went in for an extension and the judge dismissed the case saying I wasnt allowed to file the case because Im not an attorney. However, I...

    Neel’s Answer

    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 attorney may not help you. Bottom line: consider what you're losing in rent for not having the eviction proceed. If you consider the cost of an attorney versus the cost of having nonpaying tenant, your decision may be easier to make. Wish you the best of luck.

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

    My husband was not consulted or asked and his sister has power of attorney for thier mother. Not sharing any assets with him she is still living and has Alzheimers, Thank you. They live in ny we live in nj

    Neel’s Answer

    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.

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  • Bypass Daughter in Law in Revocable Trust

    Have a great relationship with two sons (both over 25). Oldest son's wife is a big issue, that for almost 15 yrs she just does not want to have anything to do w/ her in-laws and on occasion will hold 2 wonderful grandson's hostage (and our son too...

    Neel’s Answer

    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), spendthrift trust provisions (for beneficiaries who may need some protection from themselves and their own spending habits), and potential generation-skipping/minor's trust provisions in the event you wish for your underage grandsons to inherit.

    I hope this helps.

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  • 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

    needs to be transferred to my mothers name

    Neel’s Answer

    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.

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  • My mom died 3 months ago, she did have a living trust, but the property was not put int the trust. What can we do to sell it?

    Wells Fargo needs an affivadit or court appointed letter stating that I am the beneficiary of her living trust. They won't even talk to us without it or agree to a short sell. Help

    Neel’s Answer

    In this case - where your mother had prepared a living trust, but the property was never transferred into trust by deed - it is possible that the trust will have no bearing unless you find a postmortem way of transferring the property.

    I can't tell you exactly without knowing your specific set of circumstances, but it seems that Wells Fargo is seeking something that indicates that you are in a position to be able to make a decision with respect to a short sale. You may want to ask your contact at Wells Fargo what documentation they would accept if there were no living trust, and to see if your local surrogates office would be able to provide the same.

    In any event, you are dealing with multiple complicated issues: short sales, probate, trusts, potential foreclosure. I do not feel you should go much further without consulting with competent legal counsel. There are several pitfalls in each process, and a finite period of time in which certain steps must be completed. Consult an attorney immediately.

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