Does a will always need to be probated? If so, what are the going rates?

Some lawyers charge hourly, others like myself flat fees. Some states allow a percentage, nj does not.

Is there legal recourse if a husband passed away who had a child by an ex-wife but the life insurance money went to the new wife

Did he satisfy any insurance requirements under the divorce decree?

As an executor can i contest or hold up or recoup funds from an heir who wont comply with wishes of my mothers will

The IRA is generally a non probate asset and generally not subject to the will. I recommend an attorney to sort this out

I have two questions. First what is the per centage of the commission that an executor can take. Second my mom died a few weeks

Did your sister actually file the probate or are you saying she's the executor because she is so named in the will (versus being appointed by the...

Can a loan be deducted from the inheritance tax owed if there was no documentation stating that the money was a loan? See below

i would take the position the amount loaned is a debt of the estate thus reducing the net by that amount - although you don't have loan...

My fiance receives SSI but his mom is his trustee. He is 20 but will 21 in a couple of months.

I don't know what you mean by Trustee. In New York and New Jersey, the age of majority is 18 - so unless his parents filed for a guardianship (a...

In the course of estate planning, should one remove his/her spouse's name as beneficiary on accounts such as bank, brokerage?

You want the ability to disclaim AND the benefit of a step up in basis upon death. Depending upon the size of your estate, you probably want...

Need help from an Elderlaw Attorney experienced in Medicaid applications and Medicaid qualified annuities for Mom in Somerset Co

What is her pension and social security, and was dad a veteran during wartime?

yes. You did not indicate the size of the estate or the relationship of the beneficiares. You for example are a class C beneficiary - based on...

My ex died and left me in charge of his estate. we are selling his house. his kid is benefiary. who pays capital gains.

in NJ, capital gains is 15% federal and up to 5% state so i generally use 20% - but as the other attorney answered, there shouldn't be any capital...