Archived
What can heirs due in regards to court administrator allowing tenant to live rent free in estate home being sold?
Gary's answer
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Answered on March 26, 2014
you can potentially bring an action to remove the administrator for wasting the estate. you can't file eviction - you have no standing as you're...
Archived
Is the executor doing wrong in my fathers will ?
Gary's answer
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Answered on March 10, 2014
on its face it sounds like she may not be doing right. you'd need to review the will and see what it says about the mobile home, the land, etc. -...
Archived
What is the most effective way for a Trust to be written to ensure that my sister in-law cannot obtain my brother's inheritance?
Gary's answer
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Answered on March 09, 2014
Lots of questions and moving parts. I'd consult with an experienced attorney ASAP.
Archived
Can a convicted felon serve as an administrator of deceased father (no will) in the state of New Jersery?
Gary's answer
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Answered on March 07, 2014
I know in New York the answer is no. I just searched and didn't see anything against it in the statute so my initial response is "yes."
Archived
What rights does a surviving spouse have regarding a premarital will?
Gary's answer
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Answered on March 07, 2014
an omitted spouse is entitled to the spousal elective share which is roughly 1/3 - there are a lot of factors involved including what is included...
Archived
Is it ethical for an attorney to require an up-front retainer from the executors of an estate, instead of being paid from the as
Gary's answer
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Answered on March 06, 2014
Different lawyers have different practices and fee structures. If you can demonstrate estate assets I would say many lawyers would commence the...
Archived
MY brother passed away last Week we were not speaking for almost 2 years he left everything to neighbor who kind of took care
Gary's answer
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Answered on March 04, 2014
My experience has been Judge Cleary in general doesn't like these cases. Still, if you think you have good grounds, etc. I'd encourage you to...
Archived
Mom changed her POA/Will to me leaving my brothers out and they are contesting the Will saying she wasn't in her right mind etc.
Gary's answer
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Answered on March 03, 2014
Your brothers can bring a claim for among other things, "undue influence" - I'm not saying you did anything wrong, but that is a common claim among...
Archived
Need a new executive administrator.
Gary's answer
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Answered on March 03, 2014
when this has happened with my clients I have been asked to serve for them as administrator - you should see if anyone else is willing or if not...
Archived
As the executor of a will, what is the best way to transfer property/deed into my name?
Gary's answer
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Answered on March 02, 2014
I didn't see you mention who the beneficiary or beneficiaries are. The executor is in charge for the benefit of the beneficiaries. There is...
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