Questions answered by Fredrick P Niemann

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B was legal guardian of senile parent with power of attorney over assets, named in will as executor - must he probate will?

Fredrick's answer | Answered on September 14, 2014

Probate is required only when there is a probate estate.Jointly owned property or property without beneficiary designations is not subject to...

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I have a friend who's mom passed away last Febuary and he is still living in her home with all bills in her name.

Fredrick's answer | Answered on September 14, 2014

If creditors are getting paid no one complains.Thats the reality.At some point in time something will give and someone(creditor or otherwise) will...

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Do my clients have to sign a contract or will a signed proposal be sufficient?

Fredrick's answer | Answered on September 14, 2014

You should have a simple contract prepared that you can fill in the blanks given what appears to be a repetitive buisness.Contracts to be...

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A childless couple dies simultaneously.

Fredrick's answer | Answered on September 14, 2014

Mr Zelinger has provided you with the correct answer by citing to the precise statute governing your hypothetical question.You gave it away in your...

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Is it legal or right for friends to accept all belongings as gifts from terminally ill parent?

Fredrick's answer | Answered on September 14, 2014

Your Dad can choose to do what he wants with his property.The assisted living facility would have a claim against recipients of the gifts for...

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Is executor required to inform banks of account owner's death? Must he provide copy of will to beneficiaries? If so, when?

Fredrick's answer | Answered on September 13, 2014

Generally yes the executor should notify the banks but only if affidavits or tax waivers are required to obtain a release of funds.Generally...

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My motion for reconsideration of summary judgment was granted about 2 months ago is a new trial date automatically set

Fredrick's answer | Answered on September 13, 2014

The Court will submit an order vacating summary judgement and you will get a copy in the mail.In time you will be given further instructions...

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Can tenant make non-emergent repairs to apartment and deduct amount from rent without first advising landlord?

Fredrick's answer | Answered on September 13, 2014

The short answer is absolutely not.Even without a written lease NJ law would require tenant to give notice to the Landlord and allow reasonable...

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Will says half of estate including trust in beneficiary A's name goes to A. What if trust is more than half of the estate?

Fredrick's answer | Answered on September 13, 2014

Its very simple.The language of the will controls everything.If the will says to pay others the executor will pay out others,If the will says...

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Would a Confidentiality or Non-Circumvention Agreement Cover This?

Fredrick's answer | Answered on September 13, 2014

You can contractually address this issue between yourselves but obviously the internet is a public domain.If the value of your deal is large enough...

Fredrick P Niemann's Answers (241)

B was legal guardian of senile parent with power of attorney over assets, named in will as executor - must he probate will?

I have a friend who's mom passed away last Febuary and he is still living in her home with all bills in her name.

Do my clients have to sign a contract or will a signed proposal be sufficient?

A childless couple dies simultaneously.

Is it legal or right for friends to accept all belongings as gifts from terminally ill parent?

Is executor required to inform banks of account owner's death? Must he provide copy of will to beneficiaries? If so, when?

My motion for reconsideration of summary judgment was granted about 2 months ago is a new trial date automatically set

Can tenant make non-emergent repairs to apartment and deduct amount from rent without first advising landlord?

Will says half of estate including trust in beneficiary A's name goes to A. What if trust is more than half of the estate?

Would a Confidentiality or Non-Circumvention Agreement Cover This?