In the State of NJ with the Surrogate Court. If the Estate Administrator of his mom's estate becomes incapacitated with a menta

The power of attorney cannot be used. A power of attorney dies when the principal (in this case, 'mom") dies. In order to administer the estate,...

My Dad passed and I have a will that makes me a executor of the estate but my brother has lived with him and had power of attorn

The power of attorney which your father delivered to your brother died when your father died. The distribution of the estate is determined by the...

Unethical attorney.... or so I beleive.

No disrespect taken. If someone is engaging in a pattern of behavior which is unethical, it should be reported. Before reporting the matter, I...

As the others said, they are separate. You want to keep a log for two reasons. First, when it gets time to distribute and account for the estate,...

Your house can be transferred into your living trust by the simple act of executing and recording a deed. A living trust does not provide any...

What does an attorney base his or her fee regarding closing an estate?

There are three primary schools of thought as to setting fees. They can be: (a) hourly, (b) flat fee, or (c) a percentage. Although I may stir...

I RECEIVED MY DAD'S POD ACCTS. 2 CD'S AND HIS CHECKING ACCT. MY SIBLINGS ARE TRYING TO FREEZE MY BANK ACCTS HE WAS OF SOUND MIND

The legal presumption is that the accounts are yours. There are grounds for setting aside the designations on the accounts. The two most typical...

Can Medicaid place a lien on my grandmothers life estate?

At this time, no. However, the State of New Jersey has certainly explored ways to circumvent federal medicaid parameters in becoming one of the...

Do i need a lawyer to sue my brother cause he didn't execute my dads will properly and is avoiding me

Absolutely. As the old saying goes, if there's smoke, there's fire. In 22 years of handling these issues, I have almost always found that the...

Can a testate name an exeutor fee themselves ? (say 10%) in order to "gift " their choice of exeutor (a relative) more inhertanc

As Steve indicated, 10% is a steep fee and taxable income. In addition, a fee can reviewed as to whether it is appropriate by the probate court in...