Archived
Can a trust beneficiary disclaim in NJ? Did a law go into effect in Feb. or Mar. 2005 allowing a trust beneficiary to disclaim,
Christopher's answer
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Answered on March 17, 2015
It sounds like you have done your research, but aside from Statutes and probate codes, disclaimers are a common law right. The law cannot require...
Archived
Proper way to write codicil to assure its authenticity/credibility.
Christopher's answer
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Answered on March 17, 2015
The only way to ensure that your Codicil will be valid is to have it prepared for you by an attorney. You do not need to have the Codicil...
Archived
Bank agreed short sale my house NJ. Offer 10,000 over asking. Now bank says we must apply personal loan. I have no assets
Christopher's answer
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Answered on March 17, 2015
I do not know your specific details, but banks generally agree to short sales (with forgiveness) because the house will sell for more and because...
Archived
My deceptive attorney cousin is threatening a partition suit in NJ to force me to sell my 25% interest in a commercial property
Christopher's answer
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Answered on March 17, 2015
Your cousin's management of the property is not relevant to whether an action in partition, or to force you to sell, will be successful. The first...
Archived
Anyone familiar with the inner workings of Bergen County Surrogate court?
Christopher's answer
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Answered on December 05, 2014
8 out of 10 sounds very high to me. Court-appointed Executors are not very common, because if a person dies without a Will, the next alternative...
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I am administrator of my deceased sister estate thru the surrogate courts, am i liable for her debts?
Christopher's answer
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Answered on December 05, 2014
No, the estate and it's assets are liable. You only become liable if you misuse or misappropriate the estate assets.
Having said that, if the...
Archived
Is this true?
"A will is only in effect if both spouses die. If one dies the other inherits the entire estate
Christopher's answer
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Answered on November 03, 2014
The answers of my peers are all correct, but I need to add something that has just come up in my practice. Even with the Wills/Revocable Trusts...
Archived
My sons father wants custody. He & his gf claim Im mentally ill and she is going to be his guardian, can they without proof?
Christopher's answer
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Answered on November 03, 2014
No, the moving party must prove that you are mentally ill. You would have to submit to a psychological evaluation, and the court would appoint a...
Archived
What to do with a mortgage company called NationStar?
Christopher's answer
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Answered on November 03, 2014
Whenever you are dealing with an issue of this type, you need to get things in writing (it even says so in your mortgage). Whether that is via...
Archived
18 years ago, I granted an irrevocable trust, funded with assets that my father had been in line to inherit but made a qualified
Christopher's answer
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Answered on October 31, 2014
There are a lot of issues in your question. Perhaps the most important factor is whether the trust instrument contains the power to decant the...
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