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Can I transfer POD bank accounts into my father's estate so they can be distributed equally to my brothers & I?
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Answered on January 12, 2012
Steven Fromm provides an excellent answer. I would take the additional step, however, of having your brothers sign release forms prior to...
Archived
I and my siblings have power of attorney over my mothers medical and financial needs.
Thomas's answer
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Answered on January 10, 2012
Most likely, your mother's siblings have no rights. First, if your mother is competent, the decision is hers alone. If she is no longer mentally...
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What has changed since the Terri Schiavo case?
Thomas's answer
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Answered on January 09, 2012
Absolutely nothing. As is often the case, great media does not translate into any meaningful change in life nor should it have. Ironically, one...
I am listed as POD on my father's savings acct. His will divides estate equally to 3 children. Is that money exempt from estate?
Thomas's answer
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Answered on January 04, 2012
No. A will only governs assets which are in the decedent's individual name. There are number of assets which pass outside of the will including,...
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Do you need to do notice of probate to disinherited children&residuary beneficiaries if spouse is surviving&was left everything
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Answered on January 03, 2012
Absolutely. New Jersey statutes clearly mandate that you notify two groups of people. First, you must notify any named beneficiary in a will. ...
I have joint checking with my dad. He just passed away. Can I move money from his savings to the checking to pay expenses?
Thomas's answer
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Answered on January 03, 2012
If the bank opened the checking account noting you as the agent under the power of attorney, you must probate your father's will in order to access...
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A beneficiary of an estate will not except mail or phone calls. does his share go into unclaimed property with in the state,NJ?
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Answered on January 02, 2012
I have to disagree with the other answers. If you are the executor of an estate, you want to ensure that you are properly discharged from your...
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Is a trust valid if property was never placed into the trust?
Thomas's answer
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Answered on November 28, 2011
The trust is valid. However, it's effectiveness is determined by whether assets can be placed into it. That should be the time for assets to be...
My aunt was declared to have dementia as a niece was legal documents do I need to put her in a nursing home?
Thomas's answer
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Answered on November 21, 2011
There are three steps which need to be taken. First, make sure she has her legal affairs in order. If she is competent, she should have a will,...
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In NJ doves my husband have the right to see all pages of his mother's will if she specifically omitted him from the will?
Thomas's answer
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Answered on November 15, 2011
Yes. The NJ Court Rules state that an executor must send notice that a will has been probated to all heirs mentioned in the will and any heir who...
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