Questions answered by Martin L Bearg

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If I disclaim a NJ trust which has no connection to an estate, must I submit the notarized disclaimer document to the court

Martin's answer | Answered on April 28, 2015

If this is a trust that is not part of an estate, there is no docket# or file in the Surrogate's office or the Superior Court of NJ to file the...

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I made a disclaimer on a trust and an inheritance in NJ. I was in line to get half the estate. I had already received

Martin's answer | Answered on April 28, 2015

Yes, you may disclaim some or all of a bequest you are entitled to under a decedent's Will. You cannot disclaim the $21,300. without making a gift...

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Broken Oral Contract from Mother after I found out about siblings sexual abuse.

Martin's answer | Answered on April 28, 2015

The statute of frauds not only requires a contract to be in writing if it exceeds a stated amount, but in it (a) involves real estate or (b) will...

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Is it possible to bypass probate for money in an out of country bank account?

Martin's answer | Answered on April 13, 2015

As noted, IF the account was a joint account or POD (pay on death) account, it will avoid probate in the US, but as long as she was a US citizen,...

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St. Germaine Act, does my situation qualify?

Martin's answer | Answered on April 12, 2015

My colleagues have tried to answer different parts of the two questions answers. If the house was purchased by your father (he is the only one on...

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Can I take a check made out to myself from my father's estate lawyers and right then go and cash it?

Martin's answer | Answered on April 12, 2015

If it is an estate check, or a check from the attorney's IOLTA trust account made payable to you, yes you can deposit into your own account, but...

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Do I need an employee attorney?

Martin's answer | Answered on April 12, 2015

I assume my colleague Mr. Gordon is correct, but it never hurts to ask an attorney who specializes in representing plaintiffs/employees for an...

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How can I find out what my deceased mother's estate is worth?

Martin's answer | Answered on April 06, 2015

The NJ statutes allows an executor to be free from annoyance to marshal assets and pay bills for one year following appointment. Since you state it...

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Should I file business taxes if there is zero activity?

Martin's answer | Answered on February 27, 2015

Since you formed an LLC, it is likely NJ, and possibly the IRS will be looking for a Sch C as part of your Form 1040. Although both attorneys who...

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Do I need to file a "zero" estate tax return in NJ?

Martin's answer | Answered on February 27, 2015

Both attorneys are correct that although the assets passed to your surviving parent by operation of law, it is wise to file Inheritance and/or...

Martin L Bearg's Answers (850)

If I disclaim a NJ trust which has no connection to an estate, must I submit the notarized disclaimer document to the court

I made a disclaimer on a trust and an inheritance in NJ. I was in line to get half the estate. I had already received

Broken Oral Contract from Mother after I found out about siblings sexual abuse.

Is it possible to bypass probate for money in an out of country bank account?

St. Germaine Act, does my situation qualify?

Can I take a check made out to myself from my father's estate lawyers and right then go and cash it?

Do I need an employee attorney?

How can I find out what my deceased mother's estate is worth?

Should I file business taxes if there is zero activity?

Do I need to file a "zero" estate tax return in NJ?